Item 8BEqual Opportunity Employer
DEPARTMENT OF PUBLIC WORKS
Streets and Drainage Division
November 1, 2002
Mr. Robert Kosoy, P.E.
Director of Public Works
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, Florida 32233
RE: Interlocal Agreement Between City of Jacksonville and
City of Atlantic Beach
Dear Mr. Kosoy,
AGENDA ITEM #SB
NOVEMBER 25, 2002
Attached please find three Interlocal Agreements between the City of Jacksonville, and the City
of Atlantic Beach for design, construction, and maintenance of Church Road in Atlantic Beach.
Please execute and forward back all copies to this office for processing.
We appreciate your cooperation in this matter. Should you have any questions concerning these
agreements, please contact John Sims at 630-1335.
Sincerely,
Jeffrey W. Beck, P.E., Chief
Streets and Drainage-Division
JWB:ad
cc: John C. Sims, P.E., Manager
Planning and Programming
Attachments a/s '
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a°~ c°~,. 220 E. BAY STREET, ROOM 801 • JACKSONVILLE, FLORIDA 32202
PHONE: 904 -630-1341 • FAX: 904 - 630-2905 • wwW.coj.net
Recipient of the 1001 Governor's Sterling Award
AGENDA ITEM #8B
NOVEMBER 25, 2002
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF JACKSONVILLE
AND
THE CITY OF ATLANTIC BEACH
THIS AGREEMENT, is made and entered into this _ day of
2002, by and between THE CITY OF JACKSONVILLE, FLORIDA, a municipal corporation
in the state of Florida ("Jacksonville") and THE CITY OF ATLANTIC BEACH, FLORIDA,
a municipal corporation in ,the State of Florida ("Atlantic Beach").
IN CONSIDERATION of the mutual covenants herein contained and for other good
and valuable consideration the parties agree as follows:
1. Atlantic Beach shall obtain all design, engineering and construction services
necessary to construct an approximate one (1) block portion of Church Road, in Atlantic
Beach, where it is not connected and to close the connection of Mary Street with Church
Road by constructing a Cul de Sac on ~ Mary Street. Said construction site is more
particularly described in Exhibit A that is attached hereto and, by this reference, made a
part hereof. .
2. Atlantic Beach shall bear all costs of such design, engineering and consulting
services; provided however, Jacksonville shall reimburse Atlantic Beach fifty percent (50%)
of such design, engineering and construction costs up to a total amount not to exceed
Eighty-Five Thousand and no/100 Dollars ($85,000). Jacksonville~s .maximum
indebtedness to ,Atlantic Beach under this Agreement shall not exceed Eighty-Five
Thousand and no/100 Dollars ($85,000). ~ .
3. Each party shall indemnify, defend and hold harmless the other party from
the negligent acts and/or omissions of the indemnifying party in carrying out its
responsibilities under this contract. This indemnification is subject to and governed by the
provisions and limitations of Section 768.28, Florida Statutes and shall not be a further
waiver of the limited waiver of sovereign immunity contained therein.
4. Within thirty (30) days of completion of constructing the portion of Church
Street depicted in Exhibit A,~Atlantic Beach will provide Jacksonville with an accounting
concerning the actual cost for design, engineering and, construction services required for
the Church Road and Mary Street Cul de Sac construction. Said accounting will be sent
to Jeff Beck, P. E. ,Chief, Streets and Drainage Division, Department of Public Works,
City Hall Annex, 220 East Bay Street, Jacksonville, Florida 32202. Jacksonville will then
provide the reimbursement specified in Section 2, within forty-five (45) days of: receipt by
the City's Director of Administration and Finance. .
5. The Parties have had meaningful negotiations and discussions of this
Agreement and the provisions contained herein. Therefore doubtful or ambiguous
EXHIBIT H
Paae~ 1 of 5
AGENDA ITEM #SB
NOVEMBER 25, 2002
provisions, if any, contained in this Agreement shall not be construed against the party who
physically prepared this Agreement or any particular provision herein.
6. This Agreement constitutes the entire agreement by and between the parties
for payment of design, engineering and construction of that part of Church Street and the
Mary Street Cu(de Sac depicted in.Exhibit A. No statement, agreement, understanding,
course of action or course of conduct of either of the parties on their respective
representatives shall be binding unless contained in this Agreement in writing. This
Agreement may be amended, by a written instrument signed by the parties hereto, by and
therefore their respective authorized representatives.
7. Atlantic Beach shall operate and maintain Church Road, including the
construction between Mealy Street and Dutton road as a public road, open.to the public,
for public use. If Church Road, including the construction between Mealy Street and
Dutton Road is ever changed from such public use, Atlantic Beach shall refund all
reimbursements made by Jacksonville under this Agreement.
8. Atlantic Beach shall record this Agreement in the Official Records of Duval
County at no additional cost to Jacksonville.
ATTEST:
By:
Neill W. McArthur, Jr.
Corporation Secretary
117 W. Duval Street
Jacksonville, Florida 32202
ATTEST:
By:
Maureen King, City Clerk
800 Seminole Road
Atlantic Beach, Florida 32233
C:\TEMPlchurch 1.wpd
CITY OF JACKSONVILLE
By:
John A. Delaney, Mayor
117 W. Duval Street
Jacksonville, Florida 32202
CITY OF ATLANTIC BEACH.
By:
John S. Meserve, Mayor
800 Seminole Road
Atlantic Beach, Florida 32233
EXHIBIT B
AGENDA ITEM #8B
NOVEMBER 25, 2002
In compliance with the Charter of the City of Jacksonville, I do hereby certify that
there is an unexpended, unencumbered, and unimpounded balance, in the appropriation
sufficient to cover.the foregoing Agreement, and provision has been made for the payment
of the monies provided therein to be paid.
Director of Finance
Form Approved:
Assistant General Counsel
3
EXHIBIT B
Page 3 of 5
AGENDA ITEM #8B
• ~ .
r NOVEMBER 25, 2002
STATE OF FLORIDA )
ss.
COUNTY OF DUVAL-)
On this day of ~ , 2002, before me, the undersigned notary
public, appeared John. S. Meserve and Maureen King, whose title are Mayor and City.
Clerk, respectively, for the City of Atlantic Beach, Florida, a party to the foregoing Interlocal
Agreement, and acknowledged that they, being authorized to do so, executed said
foregoing Interlocal Agreement, on behalf of the City of Atlantic Beach, Florida, for the
purposes therein contained. Such persons did not take an oath and:
(Notary must check appropriate space) .
is personally know to me; or
produced a current Florida drivers license or identification; or
produced as identification.
NOTARY PUBLIC
(SEAL)
Signature
Type/Print Name
4
EXH=BIT B
Page 4 of 5
STATE OF FLORIDA )
ss.
COUNTY OF DUVAL )
AGENDA ITEM #8B
NOVEMBER 25, 2002
On this day of , 2002, before me, the undersigned notary
public, appeared John A. Delaney and Neill W. McArthur, :Jr., whose title are Mayor and
Corporation Secretary, respectively, for the City of Jacksonville, Florida, a party to the
foregoing Interlocal Agreement, and acknowledged that they, being authorized to do so,
executed said foregoing Interlocal Agreement, on behalf of the City of Jacksonville, Florida,
for the purposes therein contained. Such persons did not take an oath and:
(Notary must check appropriate .space)
is personally know to me; or.
produced a current Florida drivers. license or identification; or
produced _
as identification.
NOTARY PUBLIC
(SEAL)
Signature
Type/Print Name
5
EXHIBIT B
Page 5 ~ of 5