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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 NAME OF 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 NAME OF 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 • . £ h/ ' 7'- F ,I.= h - .•• -,, CITY OF /��� it�•C &a - 9Ga' �� LG�R • 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.