09-25-95 v CITY OF ATLANTIC BEACH
September 25, 1995
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the Regular Commission Meeting of September 11, 1995
2. Recognition of Visitors:
3. Unfinished Business:
A. Authorize payment of Pace Construction Company invoice in the amount
of$21,715.01 for construction of a meter vault box at the Sea Turtle Inn (Bob
Kosoy).
B. Appointments to the Code Enforcement Board and Community Development
Board
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
• THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
4. Consent Agenda:
A. Acknowledge receipt of Public Works Projects Status Report (Bob Kosoy)
B. Acknowledge receipt of Fire Department Report for August 1995 (Chief Ruley)
5. Action on Ordinances:
A. Public Hearing and final reading of ordinance No. 35-95-9 to require that
investments of city funds be made according to an investment policy (Ann Meuse)
6. Action on Resolutions:
A. Adoption of Resolution No. 95-25 adopting an investment policy for city funds
(Ann Meuse)
B. Adoption of Resolution No. 95-27 appointing clerks, deputies and inspectors for
the city's primary election on October 3, 1995 (Maureen King)
C. Adoption of Resolution No. 95-28 authorizing year end budget modification (Ann
Meuse)
Page Two
Agenta- September 25, 1995
7. New Business:
A. Action on recommendations of Allan Waters for insurance coverage (Ann Meuse)
B. Approval of supplemental agreement with the Department of Transportation for
maintenance of Aquatic Gardens ditch (Bob Kosoy)
C. Authorize execution of agreement with Gee & Jenson for engineering services
to modify the current Oak Harbor sewer rehabilitation and specifications to include
replacement of water mains (Bob Kosoy)
D. Review of revised specifications for Dormer Park Community Center
E. Authorize execution of Lease Agreement to allow PCS to locate a
communications antenna on Atlantic Beach water tower(Kim Leinbach)
8. City Manager Reports and/or Correspondence
A. Report relative to response to the Department of Environmental Protection relative
to flooding
9. Reports and/or requests from City Commissioners, City Attorney and City Clerk:
Adjournment
If any person decides to appeal any decision made by the City Commission with respect to any
matter considered at any meeting, such person may need a record of the proceedings, and, for
such purpose, may need to ensure that a verbatim record of the proceedings is made, which
record shall include the testimony and evidence upon which the appeal is to be based.
Any person who wishes to speak to the City Commission on any matter at this meeting should
submit a request to the City Clerk prior to the meeting. Forms for this purpose are available at
the entrance to the Commission Chambers.
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH V
O O
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, T T
AT 7:15 PM ON MONDAY, SEPTEMBER 25, 1995 E E
D D
PRESENT: Lyman T. Fletcher, Mayor
Steven Rosenbloom M S
Suzanne Shaughnessy O E
J. Dezmond Waters, III, and T C
Robert G. Weiss, Jr., Commissioners I 0 Y
NAME OF ON EN
AND. Kim D Leinbach Cit Mana•er COMMRS. N D S 0
-
Alan C. Jensen, City Attorney
Maureen King, City Clerk
The meeting was called to order by Mayor Fletcher. The invocation was
followed by the pledge to the flag.
1. Approval of the minutes of the Regular Commission Meeting of
September 11. 1995
WATERS X X
Motion: Approve minutes of the regular meeting of WEISS X X
September 11, 1995 FLETCHER X
The question was called and the motion carried unanimously.
Mayor Fletcher thanked Jim Jarboe, Deputy City Manager, for his work in
connection with bringing the lawsuit with Jacksonville to a conclusion. He
also thanked Ann Meuse, Kim Leinbach, and Alan Jensen for their work in
the matter.
2. Recognition of Visitors:
Bennie Furlong,President of Beaches Council on Aging, requested
financial support for the Dial-A-Ride service that she indicated provided
service to 147 people of the beaches, 55 of whom were residents of Atlantic
Beach. She explained Dial-A-Ride provided transportation to the Senior
Citizens Center, visits to the doctor, grocery store, and other services to the
elderly and handicapped of the beaches communities. She explained last year
Dial-A-Ride received a Community Development Block Grant in the amount
of$42,000 to purchase a new bus, but that $10,000 was still owed, as well
as various expenses connected with the service.
Mayor Fletcher agreed to discuss the matter with other Mayors of the
beaches to ensure that the service continued.
V V
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Minutes, Page 2 COMMRS. MS Y N
Septcmbcr 25, 1995
Pat Pillmore, 995 Camelia Street, indicated she had experienced a problem
in her neighborhood for several years. She read from a statement which
indicated she felt the City Code had been used to bully her and her
neighbors. She felt Mrs. Allen, a next door neighbor bullied everyone in the
neighborhood and, as a result of an instance concerning Ms. Pillmore's
garden which was located in the city's right-of-way, the city had cut down
the garden to one foot. She explained an appointment for mediation by the
State Attorney had been arranged, but Mrs. Allen canceled the appointment
and chose instead to go to the City's Code Enforcement for enforcement of
the city's code which resulted in the cutting down of her garden.
Mayor Fletcher directed the City Manager and the City Attorney to explore
the possibility that abuse of the City's Code Enforcement process had
occurred. He asked the City Manager to obtain a copy of the ordinance of
the City of Jacksonville Beach which allowed citizens to plant flowers on the
city's right-of-way.
Evan Ogin, 528 Royal Palms Drive, requested that speed bumps not be
placed on the recently repaved Royal Palms Drive. He explained in the past
the speed bumps were needed but recently traffic was not as heavy in the
evening hours.. David Thompson, Chief of Police, explained in the past the
speed bumps were needed but that since a nearby lounge closed there had
not been a problem. Mayor Fletcher instructed staff to delay placing the
speed bumps until a workshop could be scheduled for the purpose of
receiving input from the Community of Royal Palms.
J. P. Marchioli explained that Florida State Statute 656.608 indicated that
bicycle racks should be placed outside of public buildings and he suggested
the same language be placed in the ordinance of the city. Alan Jensen, City
Attorney, was asked to study the matter.
Commissioner Waters inquired concerning the city's policy relative to
sidewalks and the installation of curb cuts for the handicapped. Bob Kosoy,
Public Works Director, explained the last sidewalk the city installed from
15th Street to Oceanwalk had curb cuts, and that from now on all sidewalks
would have curb cuts.
Agenda item 7A was taken out of sequence and action upon.
7A Action on recommendations of Allan Waters for insurance
coverage
V Y
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Minutes, Page 3 COMMRS. MS Y N
September 25, 1995
Allan Waters of Waters Risk Management summarized proposals for
insurance coverage the city received pursuant to his report dated September
18, 1995 (attached hereto and made a part hereof- Exhibit A). He explained
the city would save almost $82,000 in insurance premiums with substantially
increased coverage.
He indicated there was an opportunity to buy liability insurance for coverage
if there was a chlorine leak or sewage problem within the city, and the cost
to cover these items would be expensive. The Commission decided to defer
a decision concerning the matter until information was brought back to them.
Mr. Waters indicated staff felt the coverage should be considered even if it
was expensive. ROSENBLOOM X
SH3AUGHNESSY X X
X
Motion: Approve city's insurance coverage as recommended wEIESS X X
pursuant to the attached report dated September 18, 1995, FETCHER X
Exhibit A
The question was called and the motion carried unanimously.
3. Unfinished Business:
A. Authorize payment of Pace Construction Company invoice in
the amount of$21,715.01 for construction of a meter vault box
at the Sea Turtle Inn
Bob Kosoy explained he had furnished the Commission with additional
information as well as a staff report indicated the problems that were
incurred on the job. He explained $4,387 had already been paid to Pace
Construction Company and the city presently owed $21,831.61. Mayor
Fletcher inquired as to whether or not engineers were required to design the
job, to which Mr. Kosoy explained that because the projected cost of the job
was less than $10,000.00 an engineer was not required. Mr. Kosoy further
explained that he was using City of Jacksonville specifications and that he
himself was a professional engineer. When asked if the vault was strong
enough to handle heavy vehicles Mr. Kosoy explained in the affirmative, and
he further explained the walls and slab exceeded City of Jacksonville
specifications. He added the structure would be covered under the city's
insurance policy.
It was felt by some Commissioners that Pace Construction was remiss and
late in getting back-up documentation to the city, and that he should not
receive full compensation for the project. Mr. Kosoy explained Pace
Construction worked 44 days with the Sea Turtle and the City to get the
V Y
NAME OF
Minutes, Page 4 COMMRS. MS Y N
September 25, 1995
project finished and that he should be paid in full. ROSENBLOOM X
SHAUGHNESSY X
Motion: Authorize payment of invoice for balance due of WATERS X X
$21,831.61 in accordance with staffs recommendation WEISS X X
FLETCHER X
Under discussion, it was felt by some Commissioners that although the
paperwork was not submitted in a timely manner, the city still received value
for its money. Other Commissioners, however, felt that Pace Construction
should not receive full payment.
Following further discussion, the question was called and roll call resulted in
3-2, with Commissioner Rosenbloom and Mayor Fletcher voting nay. The
motion carried.
Charles Pace, Pace Construction, indicated he felt he did a good job for the
city.
B. Appointments to the Code Enforcement Board and Community
Development Board
Mayor Fletcher nominated Leonard H. Grunthall III to fill a vacancy on the
Community Development Board.
ROSENBLOOM K X
Motion: Appoint Leonard H. Grunthall III to fill vacancy on the SHAUGHNESSY X
Community Development Board WATERS X
WEISS X
FLETCHER X X
Following a brief discussion the question was called and the vote resulted in
4-1 with Commissioner Weiss voting nay. The motion carried.
Action on the appointment to the Code Enforcement Board was deferred
until the meeting of October 9, 1995.
4. Consent Agenda:
A. Acknowledge receipt of Public Works Projects Status Report
B. Acknowledge receipt of Fire Department Report for August,
1995
The Commission accepted the Consent Agenda.
5. Action on Ordinances:
A. Ordinance No. 35-95-9 - Public Hearing
v v
NAME OF
Minutes, Page 5 COMMAS. MS Y N
September 25, 1995
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE IV, DEPARTMENTS, DIVISION 4, DEPARTMENT OF
FINANCE, SEC. 2-73, INVESTMENT OF FUNDS, TO REQUIRE
SUCH INVESTMENTS BE MADE ACCORDING TO AN
INVESTMENT POLICY, AND PROVIDING AN EFFECTIVE DATE.
Mayor Fletcher presented in full, in writing, Ordinance No. 35-95-9, said
ordinance having been posted in accordance with Charter requirements.
Mayor Fletcher opened the floor for a public hearing and invited comments
from the audience.
Eric Robassa, 1820 Live Oak Lane, expressed concern about the type of
investments which could be made. Mayor Fletcher explained it would be
proper for Mr. Robassa to speak under Resolution No. 95-25, which was
the next agenda item to follow Ordinance 35-95-9. Mr. Robassa agreed to
speak under Resolution No. 95-25.
Since no one wished to speak further the Mayor closed the Public Hearing.
ROSENBLOOM X X
Motion: Approve passage of Ordinance 35-95-9 on its Final SHAUGHNESSY X
ReadingWATERS X
WEISS X X
FLETCHER X
No discussion before the vote. The motion carried unanimously.
6. Action on Resolutions:
A. Resolution No. 95-25 - A RESOLUTION OF THE CITY OF
ATLANTIC BEACH, FLORIDA ADOPTING AN
INVESTMENT POLICY FOR CITY FUNDS, AND
PROVIDING AN EFFECTIVE DATE.
Mayor Fletcher presented in full in writing Resolution No. 95-25. ROSENBLOOM
SHAUGHNESSY
Motion: Approve passage of Resolution 95-25 WATERS X
WEISS X
Eric Robassa, 1820 Live Oak Lane, expressed concern about the type of FLETCHER
investments which could be made. He felt investing was a very specialized
activity and should be handled by someone who had the technical expertise.
He felt this was a great responsibility and that the language in the ordinance
did not specifically preclude the Finance Director from investing in
derivatives. He indicated that, as a citizen, he would feel a lot more
Minutes, Page 6 v V
September 25, 1995 NAME OF
COMMRS. MS Y N
comfortable with language in the ordinance that would indicate no money
could be invested in derivitives.
Ann Meuse, Finance Director, explained the city's policy had been reviewed
by First Union. She explained the amount of money that was available for
investment, and the types of investments the city had. She indicated the
language in the resolution had been reviewed by the City's Financial
Advisor.
Following discussion it was decided if the Resolution passed it would be
with the understanding that the investments the City was participating in
presently would not be changed.
ROSENBLOOM X
Amended Motion: Approve passage of Resolution 95-25 with HAUGHNESSY X
the intent to continue the existing investment procedures which HATERS X
WEISS
fall within this resolution FLETC X X
FLETCHER X X
Under discussion, it was further explained that the only investment the
Finance Director would be investing in was the State Fund, and that the
city's current investment policy would be maintained without change.
The question was called on the amended motion and the motion carried
unanimously.
Mayor Fletcher indicated he would talk to Ann Meuse and Mr. Robassa to
insure that Mr. Robassa's concerns were addressed.
Item 7D was taken out of sequence and acted upon.
7D. Review of revised specifications for Donner Park community
Center
Mayor Fletcher explained the bids had come in on the Donner Park
Community Center over budget, and that Michael Dunlap, Architect, had
revised the specifications to bring the project into line with budget.
Michael Dunlap estimated the revised plans would cost approximately
$200,000. He explained the lowest bid the city received was for $234,000,
and the highest bid was approximately $50,000 higher. He explained there
had been many revisions and felt he did not properly keep up with the
escalating cost of the project. He indicated he felt that based on his research
the $200,000 figure was an accurate estimate of what it would cost to build,
and he suggested bidding a base bid with alternates.
V V
NAME OF
Minutes, Page 7 COMMRS. MS Y N
Scptcmbcr 25, 1995
Commissioner Rosenbloom suggested the possibility that the city could hire
its own contractor with staff overseeing the work, but no decision was
reached on the matter.
A discussion ensued and the Commission indicated their disappointment in
the cost of$200,000 when during past discussion with the architect the total
was placed at $182,000.
Commissioner Shaughnessy suggested scaling the project back to under
budget to allow for change orders. Mr. Dunlap explained with the alternates
he was trying to set up a base that would be a bare-bones building with a list
of possible upgrades. During discussion it was desired that the architect in
conjunction with Kim Leinbach and Don Ford would have the authority to
make revisions and bring the project to conclusion, within budget.
ROSENBLOOM
Motion: Direct architect and staff to make cut backs at their 3HAUGHNESS Y X
discretion to bring the project to budget, not to exceed $182,000 WATERS
WEISS X
FLETCHER
Mr. Dunlap indicated it would take at least $190,000, omitting the
performance bond requirements, to build the community center building,
which did not include demolishing the existing building.. A discussion
ensued and it was felt by commissioners that the project had gotten way out
of hand, and that it did not serve the citizens well to be over budget on this
project. It was determined $182,000 was the amount that was originally
budgeted for the project, and it was determined it would cost $3,600 to
move the electricity, with Centex homes performing the demolishment at no
cost.
ROSENBLOOM
Amended motion: Authorize expenditure of$185,600 for the WATERSNESSY
WATERS
community center to include $3,600 to demolish existing WEISS X
bathrooms in Donner Park and removal of electrical, including =LETCHER X
requirement of performance bond
A discussion ensued regarding whether or not a performance bond was
necessary and it was felt that it would not be required to have the contractor
post a performance bond for this project. It was explained the city had other
safeguards to make sure the job was done properly. ROSENBLOOM X
SHAUGHNESSY X
Substitute amended motion: Authorize expenditure of$185,600 WATERS X
WEISS X X
for the community center to include $3,600 to demolish existing FLETCHER X X
bathrooms in Donner Park and removal of electrical, without
V V
NAME OF
Minutes, Page 8 COMMRS. MS Y N
September 25, 1995
requirement of performance bond
A discussion ensued and it was felt by some commissioners that they did not
want to relinquish control of revisions to the architect, only, and it was
decided to authorize city staff, in conjunction with the architect, to revise
the drawings.
Lim Leinbach distributed "Procedures for Contract Jobs, Including
Emergency Situations," which will be utilized when the city goes out to bid
(attached hereto and made a part hereof).
The question was called and the motion carried unanimously.
6B Resolution No. 95-27 - A RESOLUTION APPOINTING THE
CLERKS, DEPUTIES AND INSPECTORS FOR THE CITY
OF ATLANTIC BEACH PRIMARY ELECTION ON
OCTOBER 3, 1995 AND GENERAL ELECTION ON
OCTOBER 17, 1995, AND SETTING THEIR
COMPENSATION
Mayor Fletcher presented in full in writing Resolution No. 95-27.
ROSENBLOOM X
Motion: Approve passage of Resolution No. 95-27 SHAUGHNESSY X
WATERS X
WEISS X X
No discussion before the vote. The motion carried unanimously. FLETCHER X X
C. Resolution No. 95-28 - A RESOLUTION TRANSFERRING
CERTAIN MONIES BETWEEN FUNDS
Mayor Fletcher presented in full in writing Resolution 95-28.
ROSENBLOOM X
Motion: Approve passage of Resolution On. 95-28 SHAUGHNESSY X X
WATERS X
Following a brief discussion the question was called and the motion carried WEISS x
unanimously. FLETCHER X X
7. New Business:
A. Action on recommendations of Allan Waters for insurance
coverage (this was acted upon earlier in the agenda)
B. Approval of supplemental agreement with the Department of
Transportation for maintenance of Aquatic Gardens ditch
V V
NAME OF
Minutes, Page 9 COMMRS. MS Y N
September 25, 1995
Bob Kosoy explained the agreement was for maintaining the Department of
Transportation (DOT) ditch beginning at Mayport Road between Saratoga
Circle North and Forrestal Circle South, extending South to Atlantic
Boulevard at Aquatic Drive. The agreement provided for an increase of
$2,700.00 per quarter with a total increase of$18,900 for seven quarters
remaining in the current DOT Maintenance Contract. He explained the DOT
had cleaned the ditch infrequently, and that the city would provide better
service. ROSENBLOOM X X
SHAUGHNESSY X X
WATERS X
Motion: Approve Change Order to Maintenance Agreement WEISS X
with Florida Department of Transportation, pursuant to FLETCHER X
attached copy of original agreement and supplemental
agreement (Exhibit C)
Following a brief discussion the question was called and the motion carried
unanimously.
C. Authorize execution of agreement with Gee & Jensen for
engineering services to modify the current Oak Harbor sewer
rehabilitation and specifications to include replacement of water
mains
Bob Kosoy explained it would be necessary to revise the existing plans and
specifications for Oak Harbor Sewer System Rehabilitation to include adding
water line replacement to the project.
ROSENBLOOM X X
Motion: Approve the Engineer's proposal for a not-to-exceed SHAUGHNESSY X X
WATERS X
amount of$9,140.80, pursuant to the attached engineering WEISS X
proposal- Exhibit D FLETCHER X
Following brief discussion the question was called and the motion carried
unanimously.
D. Review of revised specifications for Donner Park Community
Center(this was acted upon earlier in the agenda)
E. Authorize execution of Lease Agreement to allow PCS to locate a
communications antenna on Atlantic Beach water tower
Kim Leinbach reported the city had been in discussion with representatives
of PCS for the purpose of presenting a lease agreement between the City
and PCS for the location of cellular antennas at the city's Water Tower Site
V V
NAME OF
Minutes, Page 10 COMMRS. MS Y N
September 25, 1995
No. 1, pursuant to the proposed agreement provided to the Commission
dated September 19, 1995 (copy attached hereto and made a part hereof-
Exhibit D). Mr. Leinbach explained a variety of issues had been examined
and resolved and included the review and concurrence by the City Attorney
in terms of the legality of the proposal to lease. He reported the proposal
was for PCS to pay the city $9,000 annually with a four percent increase per
year over the life of the agreement, and that there would be no conflict with
the city's radio activity. He indicated both Neptune Beach and Jacksonville
Beach had approved identical agreements. X
ROSENBLOOM
SHAUGHNESSY X X
Motion: Approve lease agreement between the City and PCS for WATERS x
locating antennas at the Water Plant No. 2 Water Tower WEISS X X
(pursuant to the attached copy of lease - Exhibit E) FLETCHER X
Under discussion it was felt by some commissioners that the city would not
be able to make any changes relative to the water tower during the next 25
years if the city was locked into this agreement.
Heather and Cliff Harrington, representing PCS, answered questions of the
Commission. It was explained financial information concerning PCS had
been provided to Ann Meuse, Finance Director. It was also explained PCS
carried insurance in the event of an accident. Heather Harrington offered to
place a clause in the agreement indicating if the city desired to tear down the
water tank the lease would terminate, with 180 days notice to PCS. It was
explained PCS would not have control of the property, but would just put
the antenna on the water tower, and that they would not have exclusive
access of the tower.
Following further discussion the question was called and the vote resulted in
3-2 with Commissioners Rosenbloom and Waters voting nay. The motion
carried.
8. City Manager Reports and/or Correspondence:
A. Report relative to response to the Department of Environmental
Protection relative to flooding
Kim Leinbach reported an agreement had been reached with the Department
of Environmental Protection indicating that the city would prepare a
memorandum of understanding wherein the city would depict steps to be
taken on the interim basis for similar flooding problems in the future along
with proposed, permanent solutions through capital financing. He indicated
a suggested document for resolving this matter with DEP was provided
•
• V V
NAME OF
Minutes, Page 11 COMMRS. MS Y N
September 25, 1995
(copy attached herewith and made a part hereof- Exhibit F), and he asked
the Commission to formally approve the plan for submittal to the DEP.
ROSENBLOOM X
Motion: Approve document relative to storm water problems for SHAUGHNESSY X X
submittal to the Department of Environmental Protection HATERS X
pursuant to attached copy- Exhibit F FLETC X X
FLETCHER X
The question was called and the motion carried unanimously.
Mr. Leinbach reported that:
. . . ditches at Simmons Road would be cleaned this week.
. . .Mosquito Control would be respraying in Atlantic Beach.
. . . Mr. McGee's recent comments had been submitted to the city's engineer
for study.
. . .Bob Kosoy would be meeting with Mr. Morgan regarding his drainage
problem.
Commissioner Weiss suggested that women respond to Joan Hennessy's
column in the Times Union regarding women in Bosnia.
Commissioner Waters indicated there might be a water line under the
Donner Community Center building. The City Manager was asked to
following up and advise the Commission regarding this matter.
Mayor Fletcher indicated there would be a Navy Restoration meeting,
Thursday, September 29, 1995 and a Teen Council meeting October 10,
1995.
There being no further business the Mayor adjourned the meeting
at 11:12 p.m.
//�
AtO
,an T. Fletcher
Mayor/Presiding Officer
ATTEST:
NAU EN KING
exhi .6, . 1-
e
_ -i
CITY OF
�•) 800 SEMINOLE ROAD
— — -- ATLANTIC BEACH,FLORIDA 32233-5445
TELEPHONE(904)247-5800
` FAX(904)247-5805
Honorable Mayor and City Commission Members
Atlantic Beach, Florida
Dear Mayor and City Commission Members:
Please find enclosed a copy of a memorandum by our Finance Director in regards to the recent
response we had to our request for proposals for insurance coverage.
You'll note through this process that the city will save almost $82,000 in insurance premiums next
year. I want to commend our staff and our consultant, Mr. Alan Waters, for doing a great job in
this process. Mr. Waters will be in attendance at our commission meeting to answer any
questions. Please advise if I may be of further service.
Sincerely,
Kim D"Leinbac
City Manager
Enclosure
•
_ N CITY OF
,*Eaot.�c Fear% - 96vcida
~ '., 800 SEMINOLE ROAD
_---- ; ATLANTIC BEACH,FLORIDA 32233-5445
TELEPHONE(904) 247-584)0
" - - FAX(904)247-5805
MEMORANDUM
Date: September 19, 1995
To: Kim Leinbach, City Manager
From: Ann Meuse, Finance Director r
�('�
Subject: Response to RFP for Insurance Coverage
Attached is a report prepared by Allan Waters of Waters Risk Management
summarizing the request for proposals for insurance coverage received August 24,
1995. I am happy to report that through the competitive process of requesting
proposals from agents and insurers, the City will save $81,894 in insurance
premiums next year.
Mr. Waters will make a presentation at the Commission meeting Monday
September 25, 1995 to explain the proposals received and recommended
coverage. Please don't hesitate to call me if you have any questions regarding Mr.
Waters' recommendations. I will be happy to put you in touch with him to discuss
his report.
r' 1_
WATERS RISK MANAGEMENT
7300 PARK STREET NORTH • SEMINOLE,FL 34647-4601 • TELEPHONE(813)397-8665 • FACSIMILE(813)397-3585
Allan Paul Waters,CPCU,CLU,ARM,AIC J. Hayden Knowlton,CPCU,ARM,AIC
Member,Society of Risk Management Consultants Member,Society of Risk Management Consultants
September 18, 1995
To: Ms. Ann Meuse, CPA, Finance Director
City of Atlantic Beach
From: Al Waters CPCU,CLU,ARM,AIC and Hayden Knowlton CPCU,ARM,AIC
Re: Purchase Recommendation - Competitive Proposals
1995 Property/Liability/Workers' Compensation Insurance
BACKGROUND
In June the City requested competitive proposals from agents and insurers for its October 1,
1995-96 renewal of property, liability, workers' compensation insurance. Proposals were re-
ceived Thursday, August 24.
PROPOSALS RECEIVED
Six proposers responded to the RFP, offering a variety of proposals through various insurers and
public entity pools. Summary details of the proposals were provided in spreadsheet format.
PURCHASE RECOMMENDATION
The City's RFP requested policy terms, coverages, and options based on the City's risks and ex-
posures, and on its being a public entity. We think these purchase recommendations are practical
based on the proposals received, and the costs and options given.
Property, Inland Marine, Business Income, Crime, Data Processing, Boiler and Machinery
These coverages are for the City's buildings, contents, mobile/portable property, extra expense,
crime, electronic data processing equipment and boiler and machinery and related equipment
risks.
The proposals of the Florida Municipal Insurance Trust (FMIT), Aetna and Hartford Steam
Boiler through the Florida League of Cities (FLC) appear to be best at $37,148 annual premium.
This combination has a $5% windstorm deductible on the City's Community Center, and we rec-
ommend a $1,000 deductible for all other losses (it costs about $600 more to lower the all other
losses deductible to $500).
Excess flood coverage is provided in the amount of$500,000 per occurrence and aggregate, ex-
cess of the maximum amount available from the Federal Flood Insurance Program, or $500,000
per occurrence, whichever is greater. No properties are excluded and there is no requirement to
purchase Federal Flood Insurance.
•
1995 Property/Liability/Workers Compensation Insurance Recommendation ... page 2
The FMIT proposal is in contrast to the next best proposal, by Coregis Insurance Company.
which requires a windstorm deductible of 1% of the value of each location damaged subject to a
$25,000 minimum and a $100,000 maximum for windstorm perils. Also, Coregis and does not
cover Finance Director dishonesty.
In the event of a major windstorm (i.e. hurricane or tornado) the City will clearly have a much
greater recovery through the FMIT policy. Therefore the FMIT policy is recommended even
though it costs about $4,000 more. We think the broader coverage is worth the additional cost.
General Liability, Law Enforcement Liability and Public Official Liability
This coverage is to respond to the City's potential liability, usually resulting from negligence.
Common sources of liability claims include slips and falls, allegations of negligence in law en-
forcement activities and wrongful acts by elected and appointed officials.
The Coregis proposal through Risk Management Associates is the least expensive purchase at
$42,618. This includes $300,000 per occurrence/$600,000 aggregate coverage except for public
official liability, which is covered for $1,000,000. These exposures are currently covered for
$300,000 per occurrence.
To increase the general liability coverage amount to $1,000,000 per occurrence/aggregate and the
law enforcement liability coverage to $1,000,000 per occurrence/$3,000,000 aggregate the addi-
tional premium is only $3,913. We recommend consideration of increasing these amounts.
Although we prefer "occurrence" based coverage for public official liability, we recommend
continuance of"claims made" coverage with Coregis at $9,636 (included in the $42,618 above)
because the City already has "claims made" coverage and the alternative "occurrence" coverage
through FMIT costs about $17,500.
Although Coregis is providing retroactive coverage without premium charge to avoid the City
having to pay the current insurer to extend the "claims made" discovery period, Coregis also re-
quires a hefty premium to extend its "claims made" coverage if and when the coverage is termi-
nated. The additional premium will be 225% of the annual premium for a three year extension.
However if Coregis is ultimately replaced through a competitive effort, the new insurer may also
waive any premium charge for retroactive coverage (as Coregis has this year).
Automobile Liability and Physical Damage
This coverage is to respond to the City's potential liability for negligence from automobile acci-
dents and for physical damage to the City's vehicles. The limit of liability is $300,000.
The Florida Municipal Insurance Trust (FMIT) proposal through the Florida League of Cities
(FLC) is recommended at an annualized cost of $36,327. This would be a renewal of current
coverage with FMIT, except the physical damage deductible is $3,000 for comprehensive and
collision coverages. The additional cost for a$1,000,000 limit of automobile liability is $8,446.
Physical damage coverage is currently purchased with a $250 deductible for comprehensive and
a $500 deductible for collision. If the City desires to keep the deductibles at the lower level, the
additional cost is about $2,700. This is a judgement call, without an obvious choice.
1995 Property/Liability/Workers Compensation Insurance Recommendation ... page 3
Environmental Liability
The proposal from Commerce and Industry Insurance Company for third party pollution liability
arising from the City's underground and above ground fuel storage tanks appears best at $585 for
$1 million of coverage.
Workers' Compensation
Renewal of the City's workers compensation insurance through the Florida Municipal Self-
Insurers Fund is $133,603. However, a proposal from Government Risk Insurance Trust (GRIT)
at $106,271 appears best.
The GRIT proposal includes a 35% credit which is based on the City's good experience. The
35% credit is similar to the $32,465 participation credit offered by the Florida League, but there
is no guarantee that a similar credit will be granted in future years.
Police/Fire Accidental Death Benefits
As a public entity, the City is obligated to pay benefits to police or fire personnel accidentally or
intentionally killed in the line of duty.
Florida law requires payment of$25,000 for accidental death, and an additionally $25,000 if it
involves an emergency response, and $75,000 if the person is intentionally killed. Additional
miscellaneous benefits must also be paid.
The renewal of the AIG Life Insurance Company proposal at an annual cost of$781 is recom-
mended.
Pension Fiduciary Liability
Fiduciary liability insurance is needed if it is alleged that members of the pension board acted
improperly in making decisions regarding pension funds.
Since the City has its own separate pension fund, and does not participate in the State of Florida
Retirement Plan, it has somewhat greater potential liability.
Although no proposals were received for pension fiduciary liability, a proposal may be obtained
from Aetna Casualty and Surety Company through the Florida League of Cities upon completion
of an extensive application.
Is
i
CITY OF ATLANTIC BEACH
1995 Property/Liability/Workers Compensation Insurance/Self-Insurance
Purchase Recommendation Summary
Recommended A.M. Best 1994-95 1995-96
Coverage Insurer/Proposer Rating Limit Premium Limit Premium
Property Florida Municipal Ins. Trust Not Rated $8,162,329 $42,003 $10,595,924 $26.523
Florida League of Cities $25,000 Ded $1,000 Ded
Flood&Quake Florida Municipal Ins.Trust Not Rated $1,000,000 $5,537 $500,000 In Prop.
Florida League of Cities Premium
Inland Marine/EDP Equip Florida Municipal Ins. Trust Not Rated $634,147 $4,057 $869,982 53.940
Florida League of Cities
Extra Expense Florida Municipal Ins. Trust $400,000 Included $500,000 Included
Florida League of Cities
Crime Aetna Casualty& Surety A IX
Faithful Performance Florida League of Cities $100,000 $1,160 $250,000 $1.204
Finance Director (All employees covered for Included $750 $250,000 $1.125
Computer Crime dishonesty,employees other None None None None
Forgery and Alteration than law enforcement covered None None $100,000 In FP
Money and Securities for Faithful Performance) $10,000 In FP $20,000 In FP
Boiler& Machinery Hartford Steam Boiler Co. $10,000,000 $4,550 $10,000,000 54.356
Florida League of Cities $5,000 Ded $1,000 Ded
General Liability Coregis Insurance Co., Inc. A VIII $300,000 $51,830 $1,000,000 536.895
Risk Management Assoc., Inc. $0 Ded $0 Ded
Law Enforcement Liability Coregis Insurance Co., Inc. A VIII $300,000 Included $1,000,000 Included
Risk Management Assoc., Inc. $2,500 Ded $0 Ded
Auto Liability Florida Municipal Ins. Trust* Not Rated $300,000 $62,572 $300,000 527,733
Florida League of Cities $0 Ded
Auto Physical Damage Florida Municipal Ins.Trust* Not Rated 5250/5500 In AL 58.594
Florida League of Cities Ded $3,000 Ded
Public Official Liability Coregis Insurance Co., Inc. A VIII $300,000 $9,877 $1,000,000 S9.636
Risk Management Assoc., Inc. $2,500 Ded $2,500 Ded
Workers' Compensation Governmental Risk Ins Trust Not Rated Statutory $125,385 Statutory $106.271
Risk Management Assoc., Inc. $2,500 Ded Included $0 Ded
Environmental Liability Commerce& Ind. Ins Co* A+ XV $1,000,000 $585 $1,000,000 S585
Above Ground Tanks Poe& Brown Estimated
Police/Fire Death Benefits AIG Life Insurance Co* A++XII Statutory $1,231 Statutory 5781
Florida League of Cities
Pension Fiduciary Liab Not Proposed Not Purchased Not Proposed
Total Cost S 309,537 $227,643
*An asterisk after the insurer's name indicates that the current insurer and agent are recommended for renewal.
9/18'95
City of Atlantic Beach - 1995 Property/Liability/Workers Compensation Proposal Combinations
PLAN A PLAN B PLAN C
Property Coverage
Coverage Limit $10,595,924 $10,595,924 $10,595,924
Wind Deductible 5%Wind on Comm Center 1%of Loss-$25K Min 5%Wind on Comm Center
AOP Deductible $1,000 $1,000 $1,000
Real&Personal Fla Mun Ins Trust $ 26,523 Coregis Ins Co $ 29,720 Ha Mun Ins Trust $ 25,378
Inland Marine Fla Mun Ins Trust $ 3,354 Coregis Ins Co Included Fla Mun Ins Trust $ 3,224
Business Income Fla Mun Ins Trust Included Coregis Ins Co Included Fla Mun Ins Trust Included
Crime @$250K Fla Mun Ins Trust $ 1,204 F&D @$100K $ 2,054 Fla Mun Ins Trust $ 1,182
Finance Director Aetna $ 1,125 Not Proposed Aetna $ 1,125
Data Processing Fla Mun Ins Trust $ 586 Coregis Ins Co Included Fla Mun Ins Trust $ 547
Boiler& Machinery Hartford Stm Blr $ 4,356 Coregis Ins Co $ 2,314 Hartford Stm Blr $ 4,356
Subtotal Property& B&M $ 37,148 $ 34,088 $ 35,812
Liability $ 300,000 $300/$600
$ 300,000
General Liability Coregis Ins Co $ 32,982 Coregis Ins Co $ 32,982 Fla Mun Ins Trust $ 26,061
Law Enforcement Coregis Ins Co Included Coregis Ins Co Included Fla Mun Ins Trust $ 18,754
EMS Liability Coregis Ins Co Included Coregis Ins Co Included Fla Mun Ins Trust $ 627
Auto Liability Fla Mun Ins Trust $ 28,956 Coregis Ins Co $ 44,048 Fla Mun Ins Trust $ 27,090
Auto Physical Dam$3K Ded Fla Mun Ins Trust $ 9,104 Coregis Ins Co $ 1,993 Fla Mun Ins Trust $ 8,517
Public Official Liability Coregis Ins Co $ 9,636 Coregis Ins Co $ 9,636 Fla Mun Ins Trust $ 10,858
RetroActive Coverage Unlimited Retroactive Date Unlimited Retroactive Date Fla Mun Ins Trust $ 6,822
Subtotal Liability $ 80,678 $ 88,659 $ 98,729
Total Property&Liability $ 117,826 $ 122,747 s 134,541
Workers Compensation GRIT $ 106,271 GRIT $ 106,271 GRIT $ 106,271
Environmental Liability Commerce& Ind $ 585 Commerce& In $ 585 Commerce& I $ 585
Fiduciary Liability
Law Enforcement AD&D AIG Life $ 781 AIG Life $ 781 AIG Life $ 781
Total Workers Comp and other Liability $ 107,637 $ 107,637 $ 107,637
TOTAL ALL COVERAGE $ 225,463 $ 230,384 $ 242,178
9/18/95 %%liters Risk Management Page('-1
City of Atlantic Beach - 1995 Property/Liability/Workers Compensation Proposal Combinations
PLAN D PLAN E PLAN F
Property Coverage
Coverage Limit $10,595,924 $10,595,924 $10,595,924
Wind Deductible 5%Wind on Comm Center $25,000 Ded $25,000 Ded
AOP Deductible $1,000 $25,000 Ded $25,000 Ded
Real&Personal Fla Mun Ins Trust $ 23,565 Zurich/American $ 58,692 Zurich/American $ 58,692
Inland Marine Fla Mun Ins Trust $ 2,994 Zurich/American $ 3,915 Zurich/American $ 3,915
Business Income Fla Mun Ins Trust Included Zurich/American $ 1,961 Zurich/American $ 1,961
Crime @$250K Fla Mun Ins Trust $ 1,098 Hartford/St.Paul $ 1,910 Hartford/St.Paul $ 1,910
Finance Director Aetna $ 1,125
Data Processing Fla Mun Ins Trust $ 508 Zurich/American $ 879 Zurich/American $ 879
Boiler& Machinery Hartford Stm Bk $ 4,356 Coregis Ins Co $ 2,314 Coregis Ins Co $ 2,314
Subtotal Property& B&M $ 33,646 $ 69,671 $ 69,671
Liability $ 300,000 $300/$600 $300/$600
General Liability Fla Mun Ins Trust $ 24,200 Twin City Fire $ 34,042 Titan Indemnity $ 53,491
Law Enforcement Fla Mun Ins Trust $ 17,414 Twin City Fire $ 17,185 Titan Indemnity $ 12,470
EMS Liability Fla Mun Ins Trust $ 582 Twin City Fire Titan Indemnity
Auto Liability Fla Mun Ins Trust $ 25,223 Fla Mun Ins Trust $ 37,332 Titan Indemnity $ 94,984
Auto Physical Dam$3K Ded Fla Mun Ins Trust $ 7,930 Fla Mun Ins Trust $ 11,737 Titan Ind$250/$500 $ 17,951
Public Official Liability Fla Mun Ins Trust $ 10,082 Twin City Fire $ 10,287 Titan Indemnity $ 12,628
RetroActive Coverage Fla Mun Ins Trust $ 6,334 1/1/90 Retro Date 1/1/90 Retro Date
Subtotal Liability $ 91,765 $ 110,583 $ 191,524
Total Property& Liability S 125,411 S 180,254 5 261,195
Workers Compensation Fla Mun Ins Trust $ 133,603 GRIT $ 106,271 GRIT $ 106,271
Environmental Liability Commerce& I $ 585 Commerce& Ind $ 585 Commerce& Ind $ 585
Fiduciary Liability
Law Enforcement AD&D MG Life $ 781 MG Life $ 781 AIG Life $ 781
Total Workers Comp and other Lia $ 134,969 $ 107,637 $ 107,637
TOTAL ALL COVERAGE $ 260,380 $ 287,891 $ 368,832
'1/15/95 Waters Risk Management Page('-2
Procedures for Contract Jobs
Including Emergency Situations.
1. No job will commence without a valid written estimate and scope..
2. No job will commence without a valid purchase order.
3. The successful contractor will be required to sign an agreement wherein the contract amount
as indicated on the purchase order will not be exceeded without the written authorization of the •
City.
4. The only acceptable method to alter the contract amount as noted in 3. above is through a
change order format as determined by the Duty City Manager/Director of Utilities. Proper
authorization shall be made by the City Commission, City Manager or, in the absence of the City
Manager, Deputy City Manager/Director of Utilities dependent upon established expenditure
levels.
5. In the event of a true emergency where there is a visible, direct threat to life and/or property,
the City Manager or in his/her absence, the Deputy City Manager/Director of Utilities, must
approve any emergency purchase orders or changes to purchase orders. These officers will
contact the Mayor and City Commission as soon as possible to explain the circumstances and
need for such purchases.
•
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Change Order to Maintenance Agreement with
Florida Dept . of Transportation (FDOT)
SUBMITTED BY : Robert S . Kosoy/Director of Public Works ./QSA-)
DATE : September 18 , 1995
BACKGROUND: We have reviewed the supplemental agreement for
maintaining the FDOT ditch beginning at Mayport Road between
Saratoga Circle North and Forrestal Circle South, extending
South to Atlantic Boulevard at Aquatic Drive . This agreement
provides for an increase of $2 , 700 . 00 per quarter with a
total increase of $18 , 900 . 00 for the seven (7 ) quarters
remaining in the current FDOT Maintenance Contract .
Since the ditch has been maintained very poorly by the FDOT
(only 2 - 3 times during the past five years) , we feel that
the Dept . of Public Works or the firm doing the ditch
spraying can provide routine mowing and maintenance of the
area after an initial major clean-up , which will need to be
subcontracted.
RECOMMENDATION: We recommend approval of this supplement
and we will invoice FDOT with the
assistance of our Finance Department .
ATTACHMENTS: - Original Agreement ( 9 sheets)
- Supplemental Agreement ( 6 sheets )
REVIEWED BY CITY MANAGER : 4y; O\(,), 47,,A^A
AGENDA ITEM NO. rI 6
•
FLORIDA -- DEPARTMENT OF TRANSPORTATION
[AWTof1�,,,,.S
GOVERnpR Ben G.WATTS
SECRETARY
77
( 904) 752-3300
Post Office Box 1089
Lake City, FL 32056-1089
February 24 , 1994 RECEIVED
City of Atlantic Beach FH N 5 199
1200 Sandpiper Lane
Atlantic Beach, Florida 32233-4381 FUBLiCV/ORK..
Re: W . P . I . No. : 2610516
State Job No. : 72906-9222
Federal Job No. : N/A
County: Duval
Contract No . : B-8684
Gentlemen:
The above referenced contract was executed and dated February
22 , 1994 . This is your notice to proceed. Please be advised that
contract time charges will begin on March 1 , 1994 . All necessary
work is to be completed in 1096 calendar days . Mr . N. J . Tsengas
is the Maintenance Engineer and Ms . K. C. Stroupe been assigned
as Project Engineer .
Enclosed is a Certificate of Contract Completion form for your
use. Please complete and return this form to the Project Engineer
upon completion of work . Additionally, enclosed is a copy of the
referenced contract for your files .
Prior to beginning work on this contract , please contact Ms .
Stroupe at ( 904) 381-8777 .
Sincerely,
A. J. Fal i/14
. E. Assistant
District Maintenance Engineer
AJF/RLL
Enclosures
xc: Mr. L . Green
Ms . K. Stroupe
®RECYCLED
PAPER
FORM 132-01 STAT[OF FLORIDA OCPARTMSNT OF TRANSPORTATION
4-71
CERTIFICATE OF CONTRACT COMPLETION
gency Project Code
Project Description
Contractor
Contract For •
Contract Date Total Amount$
'CONTRACTOR'S AFFIDAVIT
I CERTIFY: That the work under the above name contract and all amendments thereto has been satisfactorily
completed; that all materials, labor and other 'charges against, the project under the contract; that all workmen's
compensation claims have been settled and that nb public liability claims are pending, except as follows:
CONTRACTOR:
BY:
Subscribed and sworn to before me at
his day of
'itle
•
CERTIFICATE OF SUPERVISING ARCHITECT OR ENGINEER
(Must be made by Architect or Owning Agency)
I CERTIFY: That the work under the above named contract has been satisfactorily completed under the
arms of the contract;that the project is recommended for occupancy by the owning agency; that the contractor has sub-
lifted satisfactory evidence that he has paid all labor, materials, and other charges against the project in accordance with
-ie terms of the contract;
CERTIFICATE OF ACCEPTANCE BY OWNING AGENCY OR AGENCIES
THIS IS TO CERTIFY: That to the best of my knowledge and belief the statements made in the affidavit and
rtificate are true, and the contractor's work on the project is accepted as satisfactorily completed under the terms of
e contract.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
BY:
� 6LSO . I"C.'TU6- YLLZ
c04- t no . 846
RESOLUTION NO. 93- 39
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING
THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY AND THE STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION, FOR THE CITY TO MAINTAIN CERTAIN PORTIONS
OF ATLANTIC BOULEVARD AND MAYPORT ROAD, AND PROVIDING AN
EFFECTIVE DATE.
•
WHEREAS, the City of' Atlantic Beach desires to enter into an
agreement with the State of Florida, Department of Transportation,
for the City to maintain certain portions of Atlantic Boulevard and
Mayport Road in exchange for payment from the State of Florida,
Department of Transportation, to the City, and
WHEREAS, the City desires to authorize the Mayor and City
Manager to execute such an agreement with the State of Florida,
Department of Transportation, a copy of which is attached hereto.
NOW THEREFORE, be it resolved by the City Commission of the
City of Atlantic Beach as follows:
SECTION 1. The proposed Agreement for Maintenance between the
City of Atlantic Beach and the State of Florida, Department of
Transportation, a copy of which is attached hereto, is approved.
SECTION 2 . The Mayor and City Manager, and other officers of
the City as are necessary, are authorized to execute said Agreement
for Maintenance on behalf of the City of Atlantic Beach.
SECTION 3. This Resolution shall take effect immediately upon
its final passage and adoption.
PASSED by the City Commission this 27th of September,
1993 .
ATTEST:
in I, I
L
4MAUREEN KING W= i .�ae�Gi 'LIF�1-i
JR Clerk Mayor, Presiding • cer
Approved as to form and correctness: CERTIFICATION '
/ I certify this to be a true and•correct
copy of the record in my office.
' Ao..``AIL4 WITNESSETH my hand and official seal
7. C. JE► : , ESQUIRE of the City of Atlantic Beach, Florid;
City Atto y this theZday of OC J6..w
1' .
• City Clerk
/111
0 AGREEMENT FOR MAINTENANCE
THIS AGREEMENT, made and entered into this 2.1 l
��day of Feli r VQ/` L/
19 9 t , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component]+ Agency of the State of Florida, hereinafter called the "DEPARTMENT" and
A`t kA<<G ReaG , hereinafter called "CITY" .
WITNESSETH:
WHEREAS, as part of its maintenance responsibilities for the STATE OF FLORIDA
HIGHWAY SYSTEM, the DEPARTMENT has been maintaining the existing limits of the
state highways identified in Attachment "A" and made a part hereof, and
WHEREAS, the CITY desires to maintain portions of the state roads identified
in Attachment "A" in order to improve the aesthetic appearance of the CITY and
WHEREAS, the entire lengths of the above-mentioned state highways are within
or adjacent to the corporate limits of the CITY; and
WHEREAS, the CITY, by Resolution No. q3—39 dated $ t
Q e� ergV cr 2- 7
7 19,
13 , attached hereto and made a part hereof, desires to enter into this Agreement
and authorizes its officers to do so.
NOW THEREFORE, for and in consideration of the mutual benefits each to flow
to the other, the parties covenant and agree as follows:
1. The CITY shall appoint a representative for the administration of this
Agreement. The CITY representative will be the "contact" for the local
Maintenance Engineer and/or his representative concerning all aspects of this
Agreement, including 'communications with the public and/or
political officials.
The CITY shall be responsible for maintenance of all landscaped and/or turfed
areas within DEPARTMENT right-of-way having limits described in writing by both
parties. The CITY shall be responsible for the maintenance of traffic during all
operations covered by this Agreement, in accordance with Part VI of the Manual on
Uniform Traffic Control Devices and the current Roadway and Bridge Design
Standards and any other applicable standards. For the purpose of this agreement
or as noted in Attachment "A" the locations to be maintained by the CITY shall be
maintained to a minimum standard so as to meet the Maintenance Rating Program's
(MRP) desired rating of 80. Should any item of maintenance fall below the desired
rating the CITY agrees to immediately concentrate efforts and to bring the
-eficient item up to a minimum MRP rating of 80. T'he CITY will not be responsible
for a below 80 rating if the cause and effect is not due to neglect by the CITY.
2. The CITY shall accomplish the following during the term of this
Agreement:
A. Routinely mow, cut and/or trim the grass or turf (includes total
greenscape) in accordance with State of Florida "Guide for Roadside
Mowing" (150 ) and any amendments thereto.
4110
Revised 06/16/93
- 1 -
•
B. Properly prune all plants which includes:
(1) Routinely trimming trees
s.
(2) Routinely pruning such parts thereof which may present a
visual or other safety hazard for those using or intending to
use the right of way
C. Routinely remove dead, diseased or otherwise deteriorated plants.
D. Routinely keep litter removed from the right-of-way.
E. Routinely remove and dispose of all trimmings, roots, litter, etc.
resulting from the activities described herein.
F. Routinely edge and sweep any excess grass from sidewalks, curbs and
gutters.
G. Routinely sweep roadways, curbs and gutters, valley gutters,
intersections and barrier wall gutters.
3 . The CITY and the DEPARTMENT shall be responsible jointly for clean-up,
removal and disposal of debris from DEPARTMENT right of way described by
Attachment "A", or subsequent amended limits mutually agreed to in writing by both
parties, following a natural disaster (i.e. hurricane, tornadoes, etc. ) .
4 . To the extent permitted by law, the CITY covenants and agrees that it
will indemnify and hold harmless DEPARTMENT and all of DEPARTMENT'S officers,
agents and employees, from any claim, loss, damage, cost or charge of expense
arising out of any act, action, neglect or omission by CITY duringthe
performance
of this agreement, whether direct or indirect, and whether to any person or
property to which DEPARTMENT or said partieq may be subject, except that neither
CITY nor any of its agents or contractors will be liable under this section for
damages arising out of injury or damage to persons or property directly caused or
resulting from the sole negligence of DEPARTMENT or any of its officers, agents or
employees.
5. If, at any time while the terms of this agreement are in effect, it
shall come to the attention of the DEPARTMENT'S local Maintenance Engineer that
the CITY responsibility as established herein is not being properly accomplished
pursuant to the terms of this Agreement, said local Maintenance Engineer may at
his/her option issue a verbal and/or a written notice to the designated CITY
representative to place said CITY on notice of any deficiency. Thereafter the
'ITY shall have a reasonable period of time, as determined by the
- 2 -
Revised 06/16/93
4110
411
•
Maintenance Engineer or his designated representative to correct the cited
deficiency or deficiencies. If said deficiency or deficiencies are not corrected
within this time period.tlie DEPARTMENT may at its option, proceed as follows:
A. Maintain the area declared deficient. The actual cost
for such work will be deducted from payment to the CITY or
B. Terminate this Agreement.
6. It is understood between the parties that the landscaping covered
by this Agreement may be removed, relocated or adjusted at any time in the future
as found necessary by the DEPARTMENT in order that the adjacent state road be
widened, altered or otherwise changed and maintained to meet the future criteria
or planning of the DEPARTMENT.
7. The DEPARTMENT agrees to pay to the CITY quarterly (each three month
period following a notice to proceed) compensation for the cost of maintenance as
described under items (2) A through (2) G of this Agreement. The lump sum payment
will be in the amount of $ 4 (2 50 per quarter for a total sum of
$ 19)1 how per year. In the event this Agreement is terminated as
established by items five (5) or eight (8) herein, payment will be prorated for
the quarter in which termination occurs .
8 . This Agreement or part thereof is subject to termination under any one
of the following conditions:
A. In the event the DEPARTMENT exercises the option identified by item
five (5) of this Agreement.
B. As mutually agreed to by both parties upon thirty (30) days written
notice.
9. The terms of this Agreement commence on the date a written notice to
proceed is issued to the CITY by the DEPARTMENT'S District Maintenance Engineer
and continues for a period of three (3) years. It is understood that, at the end
of the initial three (3) year period, this Agreement may be renewed far no more
than two (2) one (1) year renewal periods. Renewals shall be made at the
discretion and option of the DEPARTMENT and agreed to in writing by the CITY.
10. In the event this Agreement extends beyond the DEPARTMENT'S current
fiscal year, the CITY and DEPARTMENT mutually agree that performance and payment
during subsequent fiscal periods is contingent upon funds being appropriated,
allocated, or otherwise made available by the legislature.
- 3 -
Revised 06/16/93
•
•
Therefore, Section 334.21 (8) (a) , Florida Statutes is applicable to this
agreement which states as follows: - 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 shall be null and void, and no money
shall be paid thereon. 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 a period exceeding one (1) year, but any
contract so made shall be executory, only for the succeeding fiscal years; and this
paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT in
excess of $25, 000.00 and having a term for a period of more than one (1) year.
11. The CITY may construct additional landscaping within the limits of the
rights-of-way identified as a result of this document, subject to the following
conditions:
A. Plans for any new landscaping shall be subject to approval by the
Department's local maintenance engineer. The CITY shall not change or
deviate from said plans without written approval from the Maintenance
Engineer.
B. All landscaping shall be developed and implemented in accordance
with appropriate state safety and road design standards.
C. Allrequirements and terms established by this Agreement shall also
apply to any additional landscaping installed under this item.
D. The CITY agrees to complete, execute and comply with the
requirements of the DEPARTMENT'S standard permitting Memorandum of
Agreement.
E. No change will be made in the payment terms established under item
number seven (7) of this Agreement due to any increase in cost to the
CITY resulting from the installation and maintenance of landscaping
added under this item.
F. Termination of this Agreement as provided in paragraph eight (8)
above, shall not be construed so as to relieve the CITY of its
responsibilities incurred by any other Agrgement between the CITY and
the DEPARTMENT entered into pursuant to paragraph eleven (11) above.
12 .This writing embodies the entire Agreement and understanding between the
parties hereto and there are no other agreements or understandings, oral or
written with reference to the subject matter hereof that are not merged herein and
superseded hereby.
Revised 06/16/93 - 4 -
•
• 13 . This Agreement is nontransferable and nonassignable in whole or in part
without the written consent of the DEPARTMENT.
14 . This Agreement, shall be governed by, and construed according to the laws
of the State of Florida.
15. Contractual Services
In the event this contract is for a contractual service as defined by
Section 287.012, Florida Statutes, the following provisions shall also apply
pursuant to the requirements of Section 287.058, Florida Statutes:
(1) The Contractor 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 Contractor in conjunction with this
contract. Failure by the Contractor to grant such public access shall be grounds
for immediate cancellation of this contract by the Department.
(2) Bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof, and
bills for travel expenses specifically authorized by this contract shall be
submitted and paid in accordance with the rates specified in Section 112 . 061,
Florida Statutes.
A Vendor Ombudsman has been established with the Department of Banking and
Finance. The duties of this individual include 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
(904) 488-2924 or by calling the State Comptroller' s Hotline, 1-800-848-3792.
Revised 06/16/93 -5- .
411/
•
1
IN WITNESS WHEREOF the parties hereto have caused these presents to be
executed the day and year first above written.
STATE OF FLORIDA
DEPARTM .F TRANSPORTATION
/ e
� 1 a°0 !/ BY: IV/ //�.
CITY KIM D. LEINBACH DIS '-ICT SECRETARY
CITY MANAGER
APPROVED AS TO FORM AND LEGALITY:
heg:-. 3,9 i'/E'qf
ATTORNEY
4111
-6-
evised 06/16/93
•
•
• FLORIDA '- = DEPARTMENT OF TRANSPORTATION
uwron cnnxs SER(i.WATTS
GOVT RIVOR INWARom Post Office Box 1089 SECRETARY
_ Lake City, FL 32056-1089
(904)752-3300
August 21, 1995
RECEIVE;)
•
City of Atlantic Beach AUG`'`G' 2 S 1995
1200 Sandpiper Lane PubL,Ic WORK-;
Atlantic Beach, FL 32233-4381 -
RE: Contract No.: B-8684
W.P.I. No.: 2610516
State Job No.: 72906-9222
FAP No.: N/A
County: Duval
Type of Work: Litter removal, mowing, edging & sweeping, tree trimming.
Gentlemen:
Enclosed are five (5) copies of a supplemental agreement providing for an increased cost to the
City for sweeping & for the maintenance of the ditch beginning at Mayport Road, between
Saratoga Circle North and Forrestal Circle South, extending South to Atlantic Boulevard at
Aquatic Drive.
Increase in the amount of the contract will be $18,900.00.
If you are in agreement with the terms of the supplemental agreement, please sign and return
all copies to this office.
Sincerely,
. ',1:71.0;ky (e-i"?6-'
Anthony J.Ftio o, P.E.
Assistant District Maintenance Engineer
vs
SUPL8684
Enclosures
xc: Ms Kelly Stroupe
RI CYCLLD PAI'I[R
STATE OF FLORIDA Di PARTIOLNT OP"IR ANCPO RTA TION FORM 700 010-45
SUPPLEMENTAL AGREEMENT CONSTRUCTION
•• 04/95
.a
Page 1 of 1
No. 1
Road No(s). Various Federal Aid Project No(s). N/A
State Project No(s). 72906-9222
This agreement entered into this day of , 19 by and between the State
of Florida Department of Transportation "Department", and City of Atlantic Beach
"Contractor", and N/A
"Surety", the same being supplementary to Contract No. X84
by and between the parties aforesaid, dated February 22 , 1924_ for the
construction or improvement of the road(s) and bridge(s) assigned the project number(s) shown above, in
Duval Count(y)(ies) Florida.
(1) The Department desires to hereby amend this contract to provide for the increased cost to the City for Sweeping.
Also, the City has agreed to assume maintenance of the ditch beginning at Mayport Road, between Saratoga Circle North
and Forrestal Circle South, extending South to Atlantic Boulevard at Aquatic Drive. This ditch has been cleaned by the
State with the understanding that it will be routinely mowed and maintained by the City.
This will be an increase of$2,700.00 per quarter (7 quarters remaining in the contract) or a total increase of$18,900.00.
Revised Plan Sheet Nos. N/A
(2) The quantities to be paid for shall be determined as provided in the Standard Specifications, Edition of 1991
. The quantities so determined shall be paid for at the unit prices stated on the attached
sheets.
(3) It is further agreed that this supplemental agreement shall not alter or change in any manner the force and effect of the
original Contract No. B-8684 ,including any previous amendments thereto,except insofar
as the same is altered and amended by this supplemental agreement.
(4) The Department and the Contractor agree that the contract time adjustment and sum agreed to in this Supplemental
Agreement constitute a full and complete settlement of the matters set forth herein, including all direct and indirect costs for
equipment, manpower, materials, overhead, profit and delay relating to the issues set forth in the Supplemental Agreement.
This settlement is limited to and applies to any claims arising out of or on account of the matters described and set forth in this
Supplement Agreement.
Additional Calendar Days Contract Time: Accruing Granted Total This Agreement 0
Net Change in Contract Amount this Agreement: Increase $18, 00 Decrease $ No Change —
Executed By:
Recommend Approval:
(SEAL)
District Maintenance Engineer Date contractor Date
BY (SEAL)
District Director of Operations Date Title Date
ATTEST (SEAL)
Attorney, Department of Transportation Date Secretary Date
Approved as to Form and Legality
(SEAL)
Surety Date
Name
and Title of FHWA Official Granting Verbal
Approval for Minor Changes
�._-- BY
Date
Date Granted
Approval Rcvd.By: / / Countersigned
Resident Florida Agent Date
RECYCLED PAPER'•
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Engineering Services To Modify Current Oak
Harbor Sewer Rehabilitation & Specifications
To Include Replacement of Water Mains
SUBMITTED BY : Robert. S. Kosoy/Director of Public Works " -
Harry E. McNally/Plant Division Director7/(�i-,
DATE : September 18 , 1995
BACKGROUND: Since the City Commission has approved the Oak
Harbor Water and Sewer Improvements as a project to be
financed in the "Five Year Capital Improvement Plan" , we need
to revise the existing plans and specifications for the Oak
Harbor Sewer System Rehabilitation to include adding water
line replacement to the project .
The firm of Gee and Jensen has submitted a proposal of
$7 , 840 . 00 for the direct labor costs and $1 , 300 . 80 for the
direct expenses , for a total of $9, 140 . 80 . The tasks are
outlined in the Time and Cost Spreadsheets and hourly rates
include overhead and profit .
RECOMMENDATION : We recommend approval of the Engineer 's
proposal for a not-to-exceed amount of
$9, 140 . 80 . This should be charged to
Account #400-4101-533-6300 and refunded by
the proposed financing.
ATTACHMENTS : Engineering Proposal
REVIEWED BY CITY MANAGER: `Ig°0
AGENDA ITEM NO.
RECEIVED
JUN 2 1 1195 GEE & JENSON
Engineers-Architects-Fanners. Inc
PUBLIC WORKS 9452 Phillips Highway.Suite 4
Jacksonville,Florida 32256
June 19, 1995 Telephone(904)292-9097
Fax(904)292-4206
Robert S. Kosoy, P.E.
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, FL 32233-4381
Subject: Oak Harbor Sewer System Rehabilitation
Engineering Proposal for Adding Water Line Replacement to Project
G&J Project No. 50-101
Dear Mr. Kosoy:
Please find enclosed, the engineering fee associated with the modification of the current Oak
Harbor Sewer Rehabilitation plans and specifications to include the replacement of the potable
water mains under the scope of work. The effort to complete this work would take approximately
one month to finalize. Therefore, upon finalization of your ongoing funding arrangements for this
project, we could be ready to advertise in 30 - 45 days after notice to proceed. If you would
prefer to shorten this timetable, we could proceed with the design work immediately and have all
plans and specifications ready to bid in approximately one week after the City receives funding
for the work. The week would allow preparation of the actual advertisement for Bids and
establishment of the construction timetable.
If you require any additional information or have any questions on the enclosure, please contact
me at our office.
V truly yours,
{; .1
John . Collins, P.E.
Phaject Manager
JEC:sd
encs
cc: Bill Powell
Jim English
-—LANTIC BEACH OAK HARBOR WATER DISTRIBU14ION SYSTEM DESIGN SERVICES 06/16/95
.._DITION OF REPLACEMENT DESIGN TO SEWER REHABILITATION PLANS
Project No. 50101.00 TIME AND COST SPREADSHEET
GEE &JENSON ENGINEERS-ARCHITECTS-PLANNERS, INC.
Man Hours/Labor Rates Per Schedule NA"
LABOR COSTS
WORK BREAKDOWN JEC WJP MKJ SD TOTAL TIME
Hourly Rate $85.00 $65.00 $50.00 $25.00 SCHEDULE
Review of Existing Water Maps 0 1 0 1 $90.00 07/03/95
Coordinate Additional Survey (3,600') 0 2 0 1 $155.00 07/03/95
Develop New Survey into New Plans (4) 1 4 32 0 $1,945.00 07/17/95
Revise Existing Plans, Details (22) 1 11 44 0 $3,000.00 07/24/95
Revise New Plans into 2 Phases 1 2 2 0 $315.00 07/31/95
Revise Cost Estimate 1 4 0 1 $370.00 07/31/95
Revise Bid Form 1 2 0 1 $240.00 08/07/95
Additional Specifications 1 3 0 2 $330.00 08/07/95
Submit Plans to County Health Dept. 2 2 1 1 $375.00 08/07/95
Client Review and Submittals 2 4 2 1 $555.00 08/07/95
Bidding Phase Services 1 2 1 1 $290.00 08/07/95
Recommendation of Award 1 1 0 1 $175.00 08/07/95
avdTOTAL DIRECT LABOR 12 38 82 10
Project Manager (JEC) $1,020.00
Designer (WJP) $2,470.00
Drafter (MKJ) $4,100.00
Secretary (SD) $250.00
SUBTOTAL DIRECT LABOR COSTS $7,840.00
REIMBURSIBLE COSTS Quantity Unit Price
Mileage 126 Miles 0.30 $37.80
Blue Printing 280 sht 0.70 $196.00
CADD Plotting 28 sht 12.00 $336.00
CADD Computer Charges 82 Hr 8.00 $656.00
Copying 1000 copy 0.05 $50.00
Postage 1 Is. 25.00 $25.00
SUBTOTAL REIMBURSABLE COSTS $1,300.80
TOTAL PROPOSED PRICE TO UPDATE PLANS, SPECIFICATIONS $9,140.80
s.
x h i.h'. fi
STAFF REPORT
AGENDA ITEM: Proposed Lease Agreement between The City of Atlantic Beach
and PCS for locating antennas at the Water Plant No. 1 Water
Tower
SUBMITTED BY: Kim D. Leinbach, City Manager s/V/0
DATE: September 19, 1995
BACKGROUND:
We have been in continual discussion with representatives of PCS for the purpose of proposing a
lease agreement between the City of Atlantic Beach and this Corporation for the location of
cellular antennas at our Water Tower Site No. 1.
Basically, a variety of issues have been examined and resolved and includes the review and
concurrence by the City Attorney in terms of the legality of the proposal to lease. We feel that we
have adequate protection and safeguards for the City of Atlantic Beach if you decide to authorize
this lease. The only question I have heard expressed involves the term of the lease and this is a
policy decision you'll have to make. If the other areas of the lease are satisfactory, you may want
to offer a shorter duration for the lease and leave it up to PCS whether to agree to the same or
not. Representative will be in attendance at the Commission meeting to answer any questions or
provide additional information.
As a matter of information, please be advised that both the cities of Neptune Beach and
Jacksonville Beach have approved similar leases with PCS.
RECOMMENDATION:
Approval of the lease as proposed with the qualifications noted above.
ATTACHMENTS:
Proposed Lease
REVIEWED BY CITY MANAGER:
AGENDA ITEM NO. 11 E
l FF=•1 :r^:i:L FA-,E5 ET-: kick-: 9048240E9,'1 1395.04-21 13:02 11241 P.02/1S
ria X711 G `,ILrsvt•
I SITbhi: nnvY"
Owner IVIS425 the site described below to PCS PRIMECO,LP.,a Delaware 12.HAZARDOUS SUBSTANCES.Owner represents that it has no knowledge
mrled partnership('PCS ,on the following terms: 01 any substance,Chemical,or waste(collectively,'substance')on the site
that is identified as hazardous.toxic or dangerous in arty applicable federal,
state or local law or regulation. PCS shall not introduce or use any such
[check appropriate&Lees)] substance ort the site in violation of any applicable law,
1. [T]Peel property comprised of approximately 154 square feet Of lend 13.MISCELLANEOUS
G Building'Manor space comprised 01 approximately_square feet A. PCS upon paying the rent shall peaceably and quietly have,hold and
n Building exterior space for attachment of antennas enjoy the Site.IMIONCStaltONXa(iI304ptO0f
OWCar
Q Building anterior space for placement of base station equipment xf%oe1z!lbOtbtitQDtlemoidc xiotnwe
isantocpixtziontaxaceneauetkoc
7QArXi4191.A1t7W[9t1feC C7�� a[IIXStelbOtatiejLrlt:
Of]Tower antenna space xp tfaXI galMIRgJOXOCKItleSiCetOtR '
[j]Space requited for cable runs to connect PCS equipment and
BOwner represents and warrants that Owner rias lull authority to enter
arlter'ntas • into and sign this agreement
n tne iocation(a)shown on Attachment"A,'with grant of nonexclusive C. This site agreement contains all agreements, promises, and
easement for unrestricted rights of access thereto and to the appropriate,in
understandings between the Owner and PCS. All Attachments are
the discretion of PCS,source of electric end telephone facilities. incorporated by referenCe-
2.TERM of eve(5)years beginning on the date this agreement is signed on .
The terms and conditions of this agreement shall extend to and bind
behalf of PCS('Commencement Date'). the heirs, personal representatives, successors and assigns of Owner
3.RENT shall be paid annually in advance beginning on the Commencement and PCS.
Data and on each anniversary thereof.Until the first day of the month following E. The prevailing party in any action or proceeding In court to enforce the
commencement of hstellation of the PCS equipment the rent shall be Fifty tecrfts of this agreement shall Oe entitled to receive its reasonable attorneys'
Dollars($50.00),the receipt of which{,, Owner acknowledges,and thereafter,** tees and other reasonable enforcement costs and expenses from the non-
the annual rant snail be N1f1e Rhcaisan4- ------Dollars prevailing party.
(S 9.0(10.00 J.partial years prorated. The annual ran t,tp(� .End every Year POwner shall execute and deliver wilhintwo(Z)days to PCS for recording
xxxlesamonset shall be the annual rent in effect for e y ar of the leEtSe a Short Form Lease of this agreement in the form oT Attachment B.
MMOOPOpoccdOemmaOSTISZCCOPCDOCOMINMIACOSC ncreased bye
xsegtepeattype ongzt %��) 14.ADDITIONAL TERMS _ ,SPP AttaelLptetlt "C"
**butpnoclaterthan march 1, 1996
4.EXTENSION of the initial term of this agreement is granted to PCS for four
(4) addidonal five (5)year extension penode if PCS gives Owner written OWNER
notice ofitsintention toextend atleast ninety(00)days prior totheexpiration CITY OF ATTANTYC BEACH
ofthe then-current term.
5.use of the ails by PCS shell be for the purpose of installing,removing. By:
repleting.maintaining and operating.at Is sole expense,a communications 'Lyman T. Fletcher, Mayor
facility including without limitation PCS antenna array.
6.UT1LIT1EE required for the operation of the Communications facility shall By•
oe the sole responsibility of PCS,however Owner agrees to cooperate with Maureen ging, City Clerk
PCS in ds efforts to obtain utilities from any location provided by the Owner
or servicing utility. (SEAL)
7 PERSONAL PROPERTY and fixtures of PCS shall be removed by PCS Address: 800 Seminole Road
upon expiration or termination of this agreement and the site will be restored
Atlantic Bch. , Fla. 32233
to its anginal Condition,reasonable wear and tear excepted.
S NOTICES she be in writing and cent by U.S.mail,postage prepaid,to the Witnesses: Date:
address of the party set forth below or as otherwise provided under applicacle
state law. II) (2)
9.ASSIGNMENT of this agreement by PCS may be made tots general partner (PRINT NAME NAMED ADOvE1
or arty Mate of PCS. PCS may.In its discretion,permit use of all or any (PRINT NAME SIGNED ADOVE)
poroon of the aiteother a les cons)to it with the use by PCS of the site.
nt�
OGS may oot�exercise the foregoing without ***
10.TERMINATION of this agreement may be exercised by PCS at any time
without further liability II PCS cannot obtain all certificates,permits,licensee PCS' PCS PRIMECO.LP.,a Delaware limited partnership
or other approvals(collectively,'approvafl required Tram any governmental
authority and/or arty easements required from any third party to operate the By:
communicator's faceiry,or if any such approval is cancelled,or expires.or
lapses,or withdrawn or terminated.or if Ower?allele have proper ownership Its:
of the site and/or authority to enter into this agreement,or If f libitt afKre Address:
t �K PCS ldetermines that it will be unable to use the
ate for its ntended purpose. Upon termination, all prepaid rent shall be
retained by Owner.
11. INDEMNITY.Owner and PCS each indemnifies the other against and Witnesses Date-
holds the other harmless from any and all costs (including reasonable
attorneys'fess)and claims of liability or loss which arise out of the use and! (,r _ 121
or occupancy Of the site by such indemnifying party. This indemntry shall not
apply to arty claims arising(corn the sole negligence or intentional misconduct PF71hY NAVE tS GN6D Aa AVE) (PAINT NAME SIGNED ASOVEI
of the indemnified patty.
1FLOPiOA 9/1/95)
***first obtaining the Owner's prior written
consent, which consent shall not be unreasonably
withheld.
t
. FRCI :HPIL BOXES ETC ti2S64 9348240E99 1555.05-G1 is:kt sa.4+1 r. ..-J.
. ATTACHMENT "A"
PCS SITE AGREEMENT
• SITE DESCRIPTION
SITE ID: JKB0402
s.►.situated in the City of Atlantic Beach 4 County ofSinai'
Matti or Florida
comngroydaalbadaa Portion of Government Lot 5, Section 17 Township 2 South, Range
29 East Duval Count Florida. aka 469 11t Street Atlantic Beach, Fla.
SKETCH OF SITE D . f
�tR� QR
PARS aF G01.1141
, ,
cefry
ONtf
w
e
(I'Llilli.H
..-1\
21X04.
!I *h GTR&ET
OWNER INITIALS
PCS INITIALS
(FLA/TEXA111/LCUnNDMAWMIISNIR 4110/95)
i
�^J,i .11.L AlnG� GiL Hc(J_Y .4:•r_._-.�..=J_ i""!:'_ .'_.r" ::.A •... !'i'" -
THISihSTRUMENT PREPARED BY: ATTACHMENT „Br,
nAMEH. C• Cazrington SHORT FORM LEASE
ADDRESS'
Suite 21 -A tsx Ft= (PCS SITE LEASE)
32207
This Short Form Lease evidences that a lease was made and entered into by written PCS
Site tease dated__. ,199.„L•betweenctX of A•lantic Bea *owner"
and PCS PRIMECO,LP,a Delaware limited partnership OPCS"),the terms and conditions of which
are incorporated herein by reference. Owner hereby leases to I
PCS a certain� site located at
469 lit S ree • c of tiertis Boch .
County of Duval .stat.of Florida _,within the property of Owner which
is described in Attacnment'A'attached hereto,with grant of easement for unrestricted rights of access
•
thereto and to electric and telephone facilities,AN as more specifically described in the PCS Site Lease,
the terms of which are Incorporated herein by reference, for a term of five (5) years commencing
on- , 19 95 ,which term Is subject to four(4) additional live(5)year extension
periods by PCS.
IN WITNESS WHEREOF,the parties have executed this Shoe Form Lease as of the day and year
first above written.
0811
Signed in the presence of Aro witnesses' CITY OF ATLANTIC BEACH
,1) _ By:
Lyman T. Fletcher, Mayor
iPLANT NAME MINED ASOVI) p�
Maureen King, City Clerk
(SEAL)
Address: 800 Seminole Road
;t+Ai\T!:AM£SK+hEDAtIOVEI Atlantic Bch., Fla. 32233
N PCS:°PCS PRIMECO,LP.,a Delaware limited partnership
By:
As Its:
IAgel1 NAME fudNSO WW1
(PrIINT NAME SIGNED AeovE)
Address:
Suite 214-A_
:2! . •r i e7
)PRINT NAME CI3JNEO MOVE)
STATE OF IYari:DP,
COUNTY OF DLISIBL
_ ,
The foregoing instrument was acknowledged bslOre me this day Of ,1 BimBy; Lrr�n T. FletcherMayer
_, of_
and ISaureen Kinc[, C Cle k of the C't of AU tic Beach a He/She is personally known to eche or has produced
State of Florida.
as identification.
(OFFICIAL NOTARY SIGNATURE)
;AFFIL(NOTARIAL MAL) Notary Public—State of Florida
My commission expires' (Printed,Typed or Stamped Name o1 Notary)
Commission Number. -
STATE 0 IDA
COUNTY OF D AL
The ioregoktg irntrumerM was acknowledged
before me this day of 19 S1_,by , as
of PCS PRIMECO,L.P..a Delaware limited partnership,on behalf of the partnership. He/She is either personally known to me or has
produced as identification.
tomcat.NOTARY s1ONATU"e) OWNER INITIALS
(Afro NOTARIAL.9E,to Notary Public—State of Florida
PCS INITIALS
My commission espies:
(Printed,Typed or Stamped Name of Notary)
Commission Number (FLORIDA 9/1/95)
•
377‘. .1417—.4.1 r.U,
ATTACHMENT"C"
ADDITIONAL PROVISIONS OF PCS SITE AGREEMENT
TABLE OF CONTENTS
PARAGRAPH I-GENERAL PROVISIONS OF LEASE
A. Insuranec............ ••••• Pe. 1
B. Liability for Personal Property...— 1
C. Signs......
IMO 2
D. Mechanic's Liens 2
E. Insolvency--...... ........... .......-.." 2
F. Use of Premises.............. ..........
G. Access to Premises— — —.....3
H. Delon —.-...
I. Waiver by Lessor
J. Quiet Enjoyment.......... ...... —.— 4
OWNER INITIALS
PCS INITIALS
• FROM :ML.IL BOXES ETC ii2664 904S24Q899 1996.06-21 13:OS #241 P.06/1S
PARAGRAPH 1 ACCESS SUBJECT CONDITIONS
PARAGRAPH 2 OTHER REMEDIES
PARAGRAPH 3 INTERFERENCE WITH OTHER USERS
PARAGRAPH 4 REQUIREMENTS RELATING TO LESSEE'S
EQUIPMENT
PARAGRAPH 5 RULES AND REGULATIONS
PARAGRAPH 6 VALIDITY AND INTERPRETATION
PARAGRAPH 7 INVALIDITY OF PARTS OF LEASE
PARAGRAPH 8 ENTIRE AGREEMENT
OWNER INITIALS
PCS INITIALS
POt• : EO.ES ETCil:4btrl .l4£2-0859
• FROM :TEA CROUP INC 760.4 ♦
lye-."-.09-21 13:,25 p<41 f.07i1-4.60 Qom...
A. ralaittnT. The PCS covenants and agrees to procure and keep in force during
the entire term of this Lease,.at PCS sole cost and expense,public liability and property damage
insurance indemnifying owner and PCS against liability by reason of injury to or death of third
persons in the minimum amount of Five Hundred Thousand(3500,000.00)DOLLARS for injuries
to one person; One Million($1,000,000.00)DOLLARS for injuries to two or more persons;and
One Hundred Thousand($100,000.00)DOLLARS for damage to property arising out of any
accident occurring in,on or about the demised premises and all loading zones adjacent thereto
and/or used in connection therewith. A certificate or copy of said insurance policy shall be
delivered to the Lessor and said policy shall be non-cancelable until Lessor shall have received
thirty(30)days notice of cancellation by the insurance company involved. The City of Atlantic
Beach shall be named as an additional insured to the extent its interest may appear.
B. Lsbi . All personal property of any kind or description
whatsoever in the demised premises shall be at the PCS sole risk,and the Owner shall not be liable
for any damage done to or loss of,such personal property,or for damage or loss suffered by the
business or occupation of the PCS arising from any act or neglect of PCS_
C_ Ste, All signs of any nage to be used by the Lessec in,on or connected to,the
leased premises must by approved by the Lessor in writing-
` OWNER INITIALS
PCS INITIALS
FPOM :MAIL BOXES ETC #2615,4 S048C,Le9'3
a •
1'3'.!'.1.05-2i 13:0E:• V41. P.08 '15
D, Mish e's Lien'. During the term of this Lease,PCS shall at all times keep said
leased premises free and clear from any and all encumbrances and will not permit any mechanic's or
materialmen's liens to be filed against the premises covered by the Lease. In this connection the
PCS agrees that the Owner may post on the premises covered by the Lease a notice of non-lien
responsibility.
E. Jnsolyency. In the event there is filed against the PCS any insolvency or bankruptcy
proceedings under any chapter of the National Bankruptcy Act,or that the PCS is declared a
bankrupt,and the bankrupt or insolvent PCS makes any assignment for the benefit of any creditors,
then the Owner,at its option,may declare and terminate this Lease and demand the surrender of
possession to Lessor_
F. Pie ofPremiseg. PCS will use the above described premise only for communication
activities relating to PCS operations and primary business,including the licensing of services to
others,and that PCS will not use said premises,or any part thereof,for any other purpose
whatsoever,or for any unlawful purpose,and that PCS will not conduct,nor permit to be conducted
thereon any unlawful occupation or business;that PCS will at all times in the use of said premises
comply with all city,county,state and federal laws,ordinances,rules and regulations.
OWNER INITIALS
PCS INITIALS
2
G. Aemi to Premises. It is agreed that Owner at all reasonable times shall have access
to all parts of said premises for the purpose of inspection to insure compliance with the terms of this
lease and local,state and federal laws.
H. Default. It is agreed that,upon default in the payment of rent as herein specified,or
in the performance of any condition or agreement by PCS herein required to be performed,PCS will
remove all equipment from Owner's property within thirty(30)days. If PCS does not remove its
equipment as provided therein,Owner may in addition to any other remedy Owner may have,
without notice or demand,remove all persons and property therefrom,and in such case Owner shall
not be responsible for the safety of property so removed and PCS hereby expressly waives any and
all claims for loss or damage to property or persons removed by Owner under this provision.
Owner also,in case of default by PCS in payment of performance of this agreement,hereunder,may
by written notice,declare this Lease forfeited and recover entry or detainer,and in such event
Owner shall retain all advance rentals paid as liquidated damages,and in addition shall be entitled to
all property damage suffered.
I np.trection of Premises. It is understood and agreed by and between the Lessee
and the Lessor,that should the premises the subject of this Lease be destroyed during the term of
this Lease to such an extent that the same cannot be put into tenantable condition by Lessor in less
than ninety(90)days,then and in that event either party shall have the right to the return of all
advance unused rental;provided,however,that should Lessor be able to restore the
OWNER INITIALS
PCS INITIALS
3
a
premises to a tenantable condition within the ninety(90)days from said destruction,then Lessee
shall not be entitled to cancel said Lease,but Lessee shall not he obligated to pay rent for that period
during which the premises are being restored to said tenantable condition;and provided,further,
that should Lessee be able to use a portion of the premises for the purposes of this Lease during
such time as the same are being restored to their original condition by Lessor,then and in that event
Lessee shall pay rent for the portion of the premises being so used in proportion to the rent for the
entire demised premises,such rent to be prorated on the basis of square footage.
J. Ate. In the event of any proceedings by either the Lessee or the Lessor
to enforce the terms and provisions of this Lease,whether or not suit is instituted in connection
therewith,the prevailing party in any such suit or proceedings shall be entitled to a reasonable sum
as and for attomey's fees incurred in connection therewith and all other related costs in addition to
all relief granted or awarded in any such suit or proceeding.
K Abandooe►ent of l!tvi&&• If Lessee shall abandon the demised premises,this
Lease shall thereupon immediately,at the option of the Lessor,terminate and Lessor may re-enter
upon said premises and occupy the same and thereupon any tights of Lessee hereunder shall cease
and terminate.
OWNER INITIALS
PCS INITIALS
4
I �
FRr ,l tam'- HAWMIPNIAM.
•
r. It is further understood and agreed by and between PCS and the
Owner that any waiVe1 by Owner of any breach of any of the terms and conditions of this Lease
shall not constitute a waiver of any breach of any other terms,conditions and/or covenants of this
LeaseM.-
. So long as PCS is not indefault in the performance of the terms,
covenants and conditions of this Lease,PCS may have peaceful and quiet enjoyment of the leased
premises.
1. ACC Q SUBJECT T)CONDITIONS.
Owner has heretofore provided access to this communications site in Atlantic Beach,
Florida and said access shall be subject to the following terms and conditions.
A. Access to the teased premises other than as is presently provided shall be
prohibited.
B. During the terra of this Lease,PCS shall have the right to use the access for
ingress and egress to the lease premises. Said access shall be limited in its use to authorized
personnel of PCS responsible for the operation and maintenance of Lessee's facilities.
OWNER INITIALS
PCS INITIALS
5
C. Employees,agents and/or servants of PCS using said access for ingress and
egress to the leased premises shall do so at their own risk and Lessor shall not he held responsible
for the condition of the access.
2. OUCERMAILIMIS
Mention of reference in this lease of any particular remedy shall not preclude Lessor
from any other remedy,in law or in equity.
3. priTaaRENCEMITH OTIIE$1I1 RS
If the installation of the equipment,tower or antenna of PCS creates interference to
other joint users of the communications site,or any other communications site within the
geographical area of Owner,PCS agrees to eliminate said interference. The installation of PCS will
utilize the latest state of the art and shall meet good engineering practices in all respects.
Installation operations covered by this Lease shall be conducted so as not to cause interference to
radio electronic equipment operated by other joint users at the site. In the event the Lessee does not
correct said interference to the satisfaction Owner within twenty-four(24)hours of notification to
PCS by Owner,PCS shall terminate transmissions of the interfering station immediately until such
time that the interference is corrected.
OWNER INITIALS
PCS INITIALS
6
= Cat, :MjL BOXES ETC f2E64 904£240599 1955, 5-21 13 Ic1 R.4-41 r.
•
h I ' 1 11' 1/411 ►l .
PCS shall
A. Keep Owner informed on the current status of all equipment and frequencies
used in Lessee's operation the leased premises.
B. Not modify or install new equipment or make frequency changes without first
notifying the Owner and obtaining Owner's approval.
C. At the time of the Lessee's proposed modification or installation of new
equipment or proposed frequency changes,be required to provide Lessor with current information
of the Lessee's operation,including,but not limited to,a list of Lessee's assigned frequencies,
information pertaining to the height of all structures and antennas,gain and power used or to be
used by Lessee.
D. Not interfere with the operations of other tenants of the Lessor at the site,or
any other communications site in the geographical area of the Lessor,and in the event interference
occurs,it shall be presumed that the interference has its source in Lessee's operations unless Lessee
shall demonstrate to the satisfaction of Lessor that such is not the cast
OWNER INITIALS
PCS INITIALS
T
rr _r1 iHIL BOXES ETC 42664 9046240899 139509 21 13:09 4241 P.14/1e
S. RULES AND REMATIONS
PCS shall be subject to such reasonable rules and regulations as Owner may
prescribe or promulgate of the safety,protection,maintenance and convenient operation of all those
persons,corporations or other entities using the towers and buildings at the site along with PCS,
provided that compliance with such rules and regulations does not adversely affect the interradiation
of PCS's antenna or the coverage of PCSs transmitting antenna.
6. yALIDITY AND INTI:RPRETAnON.
The validity and interpretation of the Lease shall be controlled and construed under
the laws of the State of Florida
7. ISVALJDLTY OLPART OF LEASE
Should any part or provision of this Lease be held invalid by a court or body of
competent jurisdiction,it shall not affect or terminate the remainder of the Lease,and the provisions
hereof shall be deemed severable.
OWNER INITIALS
PCS INITIALS
•
8. ENTIREAGREEMEra
This Lease with its exhibits contains the entire agreement between the parties. No
revisions of this Lease shall be valid unless made in writing and signed by an authority of Lessee
and an authorized agent of Lessor. No promise,representation,warranty or covenant not included
in this Lease has been or is relied on by either party. Each party has relied on its owner examination
of this Lease,the counsel of his own advisors and the warranties,representations and covenants in
the Lease itself. The failure or refusal of either party to inspect the premises or improvement,to
read the Lease or other document or to obtain legal or other advice relevant to this transaction
constitutes a waiver of any object,contention or claim that might have been based on such reading,
inspection or advice.
OWNER INITIALS
PCS INITIALS
9
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-,, CITY OF /���
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800 SEMINOLE ROAD
---- - - —--- ATLANTIC BEACH,FLORIDA 32233-5.1.15
TELEPHONE(904)247-5800
4 • FAX(904)247-5805
Honorable Mayor and City Commission Members
Atlantic Beach, Florida
Dear Mayor and City Commission Members:
As I reported to you at the last regular city commission meeting, the City had met with the
Department of Environmental Protection personnel to discuss the recent problems we've
experienced with storm water surcharging sewer lines. Please recall, an agreement had been
reached that the city would prepare a memorandum of understanding wherein we would depict
steps to be taken on the interim basis for similar flooding problems in the future along with
proposed, permanent solutions through capital financing.
Please find enclosed the suggested document for resolving this matter with DEP. Your
acquiescence and concurrence with the two-phase plan is essential and a commitment needed by
this state agency. Accordingly, you are asked to formally approve the plan for submittal as soon
as possible.
If you have any questions or desire additional information, please do not hesitate to contact me.
Sincerely,
‘(71)).
Kim D. Leinbach
City Manager
cc: Deputy City Manager
Public Works Director
Utility Plant Division Director
t `�
CITY OF
tt'
titia.4stie bead - ?eauda
1200 SANDPIPER LANE
ATLANTIC BEACH, FLORIDA 32233-1381
TELEPHONE(904)247-5834
00. `1/ 1-%., FAX(904)247-5843
September 15 , 1995 T
Ms . Kristen Smeltzer , P . E .
Domestic Waste Engineer
Dept . of Environmental Protection
Northeast District
7825 Baymeadows Way , Suite B200
Jacksonville , FL 32256-7590
Dear Ms . Smeltzer :
We are transmitting our interim and long term plan for your
review as requested during the 9/8/95 meeting held at your
office. We trust that both plans demonstrate our continued
commitment to address and reduce our infiltration and inflow
problems .
If you have any questions or comments please call me at 247-
5834 . We appreciate the spirit of cooperation we encountered
during our recent meeting .
Sincerely ,
Robert S . Kosoy , P. E.
Director of Public Works
cc : Ernie Frey , DEP , Director of N .E . District
Jerry Owens , DEP , Adminstrator of Water Facility ,
Northeast District
Mayor Lyman Fletcher
City Commission Members
"Kim D. Leinbach/City Manager
Jim Jarboe/Deputy City Manager
Tim N. Townsend/Plant Division Director
FILE: AB-WWTP
AB-DEP
1
Interim Plan for Future Sewage Spills and Backups , Prior To
Completion Of Capital Improvements
1 . If we experience a problem with a continuous sewage
spill , we will notify Theresa Frame of the FDEP . We
will comply with all applicable FDEP regulations as
directed by the FDEP .
2 . We will erect barricades and detours to direct the
public away from contaminated areas . If a school is
affected , we will notify the principal . We will
instruct the Police Department to direct traffic
around the affected area .
3 . We will pump the backed-up area by vacuum truck and
transport the sewage to the Plant for treatment .
During the spill , all efforts will be made to
immediately disinfect the area . After the spill is
contained and cleaned up, the entire area will be
disinfected with either hypochlorite chlorine (HTH)
or hydrated lime .
4 . We will continue to televise and clean lines as we
have in the past and complete point and line repairs
as a high priority .
We trust this information is satisfactory and will prove an
effective method of dealing with future sewage collection
spills until our long term capital improvements are
constructed.
DRAB
Long Term Plans for Capital Improvements
The City of Atlantic Beach has , in place and approved by the
City Commission , a Capital Improvement Plan with a project
time frame schedule for improving the water , sewer and
stormwater systems . Items 2 , 5 , 7 , 8 and 12 directly relate
to the sewer and stormwater improvements . ( See Attachment A)
Item 2 - Oak Harbor Sewer Improvements : This subdivision is
located off State Road AlA between Mayport and
Wonderwood . The improvements include line repair
and replacement , manhole repairs , and elimination
of stormwater intrusion .
Item 5 - Beach Avenue Sewer Improvements : The area North of
15th Street and East of Seminole Road . This area
would provide sanitary sewer service for those homes
currently having septic systems and for undeveloped
lots with no sewer available .
Item 7 - Atlantic Beach Sewer Rehabilitation : The sewer
system is to be televised and cleaned and includes
the core City from Ahern Street to Saturiba Drive .
This project involves joint sealing , replacement of
lines , and manhole repairs to correct the inflow and
infiltration . The present Saltair Project is
contained in this rehabilitation program and the
permit package was submitted for your department ' s
review on August 29 , 1995 .
Item 8 - Master Lift Station at Buccaneer Wastewater
Treatment Plant : This project will upgrade lift
stations with new piping and pumps , as required . It
will upgrade the existing master lift station
located at the Buccaneer Wastewater Treatment Plant .
This project will manifold all stations into one
master wetwell and odor control can be effectively
pretreated at one location .
Item 12- Stormwater Master Plan - City Wide Implementation :
Having already defined the existing stormwater
system and identified major flooding and water
quality problems , the Stormwater Master Plan
provides a plan for reducing the identified adverse
impacts . ( See Attachment B ( 15-pages ] . )
Each Capital Improvement Project includes identifying and
eliminating any and all cross connections between sanitary
sewer and stormwater piping.
The Atlantic Beach WWTP expansion program is currently in the
construction phase. This expansion should reduce the need to
use the emergency outfall line (bypass) to the Intercoastal
Waterway. However , it should be noted that the three Beaches
discharge into a common outfall line and limitations in our
capacity to use thiscommon outfall could require us to
utilize the bypass .
(tta - ►q -q1C
THE CITY OF JACB60NLLE AND ATLANTIC BEAM'
The CITY OF JACKSONVILLE (Jacksonville) is a consolidated
county and municipal government extending territorially throughout
the geographic boundaries of Duval County, Florida.
The CITY OF ATLANTIC BEACH (Atlantic Beach) is a municipal
government located within the area of the consolidated City of
Jacksonville and Duval County.
Pursuant to the Charter of the City of Jacksonville, the
relationship between Atlantic Beach and Jacksonville is that of a
municipality to a county.
Since 1968, the first year of consolidation, various questions
have arisen between Jacksonville and Atlantic Beach concerning the
services that Jacksonville is providing to and that benefit the
residents of Atlantic Beach. Corollary questions have also been
raised as to the proper millage levy of ad valorem taxes for
Jacksonville to impose on property situated within Atlantic Beach.
These questions resulted in the filing of a lawsuit in 1979 by
Atlantic Beach, the City of Neptune Beach, the City of Jacksonville
Beach and the Town of Baldwin against Jacksonville. In 1982, that
lawsuit was settled by the parties entering into an inter-local
agreement.
In 1993, the City of Atlantic Beach brought suit against
Jacksonville alleging, among other things, that Jacksonville
breached the inter-local agreement. In order to resolve the issues
raised in that lawsuit and to further clarify the governmental
relationship that exists between Jacksonville and Atlantic Beach,
the parties agree as follows:
1. Tax Rate - For FY 1994-95 Jacksonville levied taxes of
-11. 3158 mills in the General Service District (GSD) . In accordance
with the terms of the 1982 Inter-local Agreement, taxes of 9. 5251
mills were levied upon Atlantic Beach property owners for FY 94/95.
This resulted in an actual millage difference of 1.7907 mills
between GSD property owners and Atlantic Beach property. Beginning
in FY 95-96, Jacksonville shall adopt a budget and shall set its
GSD millage rate in the manner it has consistently followed since
consolidation and which is prescribed by the Charter of the City of
Jacksonville and the Jacksonville Ordinance Code. After setting
the GSD millage rate for FY 95-96, the millage rate to be charged
Atlantic Beach property owners shall be calculated by reducing that
GSD rate by 2.2907 mills. For example, if Jacksonville shall set
the GSD rate at 11.3158 mills for FY 95-96, then the rate to be
levied upon Atlantic Beach property owners shall be 9. 0251 mills.
For FY 96-97, the Atlantic Beach rate shall be the established GSD
rate less 2. 7907 mills, for FY 97-98, the Atlantic Beach rate shall
be the GSD rate set for that fiscal year less 3 . 0407 mills, for FY
98-99, the Atlantic Beach rate shall be the GSD rate set for that
2 .
fiscal year less 3 . 2907 mills. The same 3 .2907 millage reduction
shall also be used for each additional fiscal year for which this
Agreement is in existence.
2. The respective Mayors, through their representatives,
shall commence discussions during FY 95-96, and shall endeavor to
complete within that year or as soon thereafter as possible to
consolidate the 1982 Inter-local Agreement and this 1995 Settlement
into a working document with a primary effort to design a framework
for their long-term relationship. In the event the parties are
unable to reach an agreement on a new Inter-Local Agreement, then
the current Inter-Local Agreement of 1982, as modified by this
Agreement, shall continue in effect.
3 . Services - Jacksonville shall continue to provide
Atlantic Beach the services required under the 1982 Inter-Local
Agreement. As provided in that agreement, Jacksonville shall not
discriminate against Atlantic Beach in the future provision of
those county services provided to residents of the City of
Jacksonville.
4 . Landfill - Jacksonville shall continue to provide free
landfill disposal of . garbage and refuse to Atlantic Beach
residential premises (4 units or less, as defined by Section
382. 102 (1) , Jacksonville Ordinance Code (1991) ) as outlined in
paragraph (2-A) of the 1982 Inter-Local Agreement and to those
3 .
•
waste generators within Atlantic Beach whose garbage and/or refuse
was collected by Atlantic Beach or its contract hauler during FY
94-95 so long as Atlantic Beach or its contract hauler continues
collecting from those waste generators. All other solid waste
generators (excluding residential premises as defined above) now or
in the future located within Atlantic Beach shall be provided, upon
payment of the appropriate disposal and/or processing rates (as
prescribed in Section 380.303, Jacksonville Ordinance Code, as
amended) , access to the landfill for disposal of solid waste as
allowed by federal, state and local laws, rules and regulations.
All other solid waste generators (excluding residential premises as
defined above) shall be defined as new entities (new buildings, new
businesses or different ownership of existing businesses, whether
for the same or different business operations) . For example, if
Joe's Body Shop was served by Atlantic Beaches contract hauler
prior to this agreement and Joe's Body Shop was sold to a new owner
then, notwithstanding neither a change in name nor a change in
business operation, the new entity will pay the appropriate
disposal and/or processing rates to the City of Jacksonville.
Within 30 days of the date of this agreement, Atlantic Beach and
Jacksonville agree to exchange information in order to agree upon
the present waste generators who could be affected by this
provision and further agree to provide a mechanism for the rates to
be paid to Jacksonville. At anytime in the future, if Jacksonville
imposes uniform solid waste processing and disposal fees against
4 . ��
e
residential premises, paragraph (2-A) of the 1982 Inter-Local
Agreement shall be terminated. If said fees are imposed, Atlantic
Beach premises shall pay the processing and disposal fees so long
as Atlantic Beach premises elect to utilize processing and disposal
services offered by Jacksonville. If Atlantic Beach chooses not to
use Jacksonville's disposal and processing system, it shall suffer
no penalty or fee for failure to use Jacksonville's system. In the
event the fees are imposed and Atlantic Beach continues to provide
residential collector service for its residents, then Atlantic
Beach residents shall not pay, by ad valorem tax or otherwise, the
cost of residential collection of garbage and/or refuse for
residential premises outside of Atlantic Beach unless Atlantic
Beach elects and Jacksonville agrees for Jacksonville to provide
for residential collection of garbage and/or refuse within Atlantic
Beach.
5. Lifeguards and Beach Maintenance - In past years,
Atlantic Beach has provided lifeguards and beach maintenance
services for the beach bordering the territory of Atlantic Beach.
Prior to November 1, 1995, Jacksonville shall pay Atlantic Beach
the sum of $136, 148 as reimbursement for 1/2 the cost of its
lifeguard and beach maintenance expenses incurred for Fiscal Year
1993-94 and Fiscal Year 1994-95. Beginning Fiscal Year 1995-96 and
continuing so long as this Agreement shall be in existence and
subject to all conditions as provided below, Jacksonville shall pay
5.
Atlantic Beach each year the total cost of its lifeguard and beach
maintenance expense as follows: For Fiscal Year 1995-96,
. Jacksonville shall reimburse Atlantic Beach an amount equal to the
current proposed budget of the City of Atlantic Beach for FY 1995-
96 ($110, 635 for personnel and operating expenses, $52, 000 for
capital outlay, and $20, 000 for beach maintenance, totaling
$182, 635) . This amount shall be disbursed to Atlantic Beach in
equal quarterly payments beginning October 1, 1995. For Fiscal
Year 1996-97 (and for each fiscal year that follows) , Jacksonville
shall reimburse Atlantic Beach for the total cost of its lifeguards
and beach maintenance expenses subject to the following: (1)
Atlantic Beach shall submit to Jacksonville by May 30 of each year,
Atlantic Beach's request for lifeguard and beach maintenance funds
to Jacksonville; (2) Jacksonville's obligation is limited to
paying for costs reasonably necessary for providing those services;
(3) in no fiscal year shall Jacksonville pay an amount which
exceeds 3% over the amount paid the previous fiscal year for
personnel, operating expenses and beach maintenance; (4)
Jacksonville shall pay for capital outlay costs reasonably
necessary for providing lifeguard services not to exceed $9, 000. 00
per year; however, Atlantic Beach will be allowed to maintain a
credit balance each year of any difference between the $9, 000. 00
cap and the amount paid by Jacksonville to Atlantic Beach, which
amount Atlantic Beach may apply in a future fiscal year toward
capital outlay cost reasonably necessary for providing lifeguard
6.
services; (5) by May 30 of each year, Atlantic Beach shall submit
for audit to Jacksonville's Council Auditor the actual costs
incurred by Atlantic Beach for providing lifeguards and beach
maintenance in the previously completed fiscal year so that
Jacksonville may reconcile the last completed fiscal year
overpayments or underpayments to Atlantic Beach by adjusting future
fiscal year payments; (6) disbursement of the funds shall be in
the same manner as provided for Fiscal Year 1995-96.
6. CDBG Funds - Each year the federal government has
disbursed Community Development Block Grants (CDBG) to the
Jacksonville area. So long as that program shall continue, and *so
long as Jacksonville, Atlantic Beach, Neptune Beach, Jacksonville
Beach, and Baldwin agree to jointly apply for CDBG funding, then,
upon receipt of the CDBG funds, Jacksonville will disburse a
portion of the funds to Atlantic Beach based upon the percentage of
the population of Atlantic Beach in relation to the total Duval
County population in the manner provided in paragraph 11.
"Population Formula" of this Agreement. Atlantic Beach agrees to
spend these CDBG funds in accordance with federal and state
guidelines.
7. Cross Florida Barge Canal Funds - Pursuant to Chapter 76-
167, Laws of Florida and the relevant sections of Chapter 253 ,
Florida Statutes, the State of Florida is refunding to Jacksonville
monies collected from property owners in Duval County to build the
7.
$1
Cross Florida Barge Canal. Upon receipt of those funds,
Jacksonville will disburse a portion of the funds to Atlantic Beach
based upon the percentage of the population of Atlantic Beach in
relation to the total Duval County population in the manner
provided in paragraph 11. "Population Formula" of this Agreement.
Atlantic Beach must agree to be bound by the same limitations and
restrictions placed upon Jacksonville by the State of Florida in
the spending of these funds. Immediately upon receipt of
additional funds from the State of Florida, Jacksonville will pay
Atlantic Beach the sum of $200,000 as it's pro rata share of past
Cross Florida Barge Canal funds collected by Jacksonville, for use
in accordance with the limitations and restrictions provided by the
State of Florida for such funds or will make property purchases
approved by Atlantic Beach in at least that amount.
8. Fire. Rescue and Police - During the life of this
Agreement, Jacksonville shall continue to provide advanced life
support emergency medical service by way of the Jacksonville Rescue
Division's ambulances to the residents of Atlantic Beach. Atlantic
Beach shall furnish first response emergency medical service and
fire service to its residents by the Atlantic Beach Fire
Department. The City of Jacksonville shall provide the City of
Atlantic Beach by transfer of title a working fire truck in good
repair and agrees to maintain said truck in good repair for a
period of three (3) years from the date of delivery of said
vehicle. The delivery date shall be no later than January 1, 1996.
8.
t
a) In addition, Atlantic Beach agrees to provide fire
suppression response service to the residents of Neptune Beach.
The City of Jacksonville shall be responsible for paying Atlantic
Beach $150, 000 for the Neptune Beach service beginning in Fiscal
Year 1995-96, in equal quarterly payments commencing October 1,
1995. Each year thereafter, the City of Jacksonville will pay 103%
of the previous year's amount for providing service to Neptune
Beach.
b) In further consideration for the payment of the
$150, 000.00 as provided above, the City of Atlantic Beach agrees to
continue providing police patrol and response services to the
northeastern corner of the City of Jacksonville adjacent to the
City of Atlantic Beach at the same level of service provided during
FY 1993-94 and 1994-95.
9. Sherry Drive - Jacksonville agrees to provide for the
repairing and resurfacing of Sherry Drive in Atlantic Beach as
follows: Subsequent to all utilities located within the right of
way being verified and repaired and/or replaced by others, if
necessary, to prevent disturbance of the pavement for at least five
years, the City of Jacksonville shall provide for a one time
repairing and resurfacing of the existing 24-foot wide asphalt
bearing surface of SHERRY DRIVE, between ATLANTIC BOULEVARD and
PLAZA STREET, approximately 3230 Linear Feet. Each of the parties
will appoint a qualified engineer to determine the work required.
t�
9.
S
The work shall be completed within twelve (12) months after
Atlantic Beach completes the necessary infrastructure improvements.
10. Hopkins Creek Drainage - The parties agree that the
drainage at Hopkins Creek under Florida Boulevard (located within
the City of Neptune Beach) shall be reconstructed to facilitate
necessary drainage flow, and Jacksonville and Atlantic Beach shall
each appoint an engineer to work cooperatively in designing a
reasonable construction acceptable to each engineer. The work
shall be performed within twelve (12) months after the effective
date of this Agreement. The City of Jacksonville shall bear the
cost of design and construction only (which does not include the
cost of Atlantic Beach's consulting engineer) . The parties
recognize that Jacksonville's ability to perform this work is
subject to the cooperation of Neptune Beach, Atlantic Beach, and
the ability to obtain the proper permitting from federal, state and
local regulatory agencies. The parties further recognize that
Jacksonville is not responsible for improving drainage within
Atlantic Beach.
11. Population Formula - Where a provision in this Agreement
requires that Jacksonville disburse or distribute funds or revenues
to Atlantic Beach using a formula based upon the percentage of the
population of Atlantic Beach in relation to the total Duval County
population, the population figures to be used shall be the most
recent population estimates for Duval County and the City of
10. ��
Jacksonville, Jacksonville Beach, Atlantic Beach, Neptune Beach,
and Baldwin published by the University of Florida Bureau of
Economic and Business Research Population Program, Florida
Estimates of Population. Notwithstanding the above, the population
for Jacksonville shall include, at a minimum, the total population
in Duval County less the population in Urban Services Districts 2
through 5. The parties agree that where a distribution is made to
Atlantic Beach based upon its percentage population, Jacksonville
has discretion as to the manner of spending the remaining funds or
revenues and may spend the remaining funds or revenues completely
outside of Atlantic Beach.
12. Annexation - Any future efforts by the City of Atlantic
Beach to annex property situated in Jacksonville outside of
Atlantic Beach must be discussed first with Jacksonville to
determine any impacts upon Jacksonville's revenues and other
provisions of this agreement. If the City of Atlantic Beach shall
seek to annex property over the objection of the City of
Jacksonville, then the millage reduction provisions of paragraph i
of this agreement shall not be applicable to the annexed area
unless Jacksonville shall consent to the annexation.
13. Inter-Local Agreement - The Inter-Local Agreement entered
into by the parties on May 11, 1982, continues in effect, as
11.
modified by the terms of this Agreement, until a new Inter-Local
Agreement is entered into between the parties.
14. Lawsuit - Atlantic Beach and Jacksonville each agree to
dismiss with prejudice the claims made by each other in Case No.
93-01190-CA, Division CV-E, in the Circuit Court of Duval County,
Florida. This Agreement shall be submitted to the Court for its
approval in connection with the resolution of this case and the
Court shall retain jurisdiction for the purpose of enforcing the
provisions of said Agreement. Each party shall pay its own
respective fees and costs associated with this lawsuit.
Dated September , 1995.
CITY OF JACKSONVILLE
By:
Witness
John Delaney, Mayor
Witness Attest:
Corporate Secretary
CITY OF ATLANTIC BEACH
By:
Witness
Lyman T. Fletcher, Mayor
Attest:
Witness Corporate Secretary
JAX•170052.4
N
12.