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08-26-98. 4. This Agreement represents the entire agreement between the parties and these are no other agreements between the parties, oral or otherwise. This Agreement may be altered or amended only in writing signed by both parties hereto. 5. This Agreement shall be construed under and governed by the laws of the State of Florida. Venue for any action under this Agreement shall be in Duval County, Florida, and the pnwailing party in any such action shall be entitled to recover reasonable attorney's ftes. IN W111vF.SS WHERFFOF, the parties hereto have set their hands and official seals as of the day and year first above written. Signed, sealed and delivered in the presence of: Wimes~ print name• Wimeo print namr wrtna. prior wimeas print CITY OF ATLANTIC BEACH James R. Jarboe, City Manager T. L. RICE, INC. By T. L. Rice, President 3 (b) Independent assessment of alternate methods of stormwater treatment, including baffle bones, sandtrap basins, and other pollutant removal devices or methods. (c) Thirteen (13) days of work, including documenddata collection and review, consultation with City staff, consultation with consultants, consultation with community groups, technical analysis, public meeting/information gathering, report preparation, and attendance at public meetings. (d) Environmental impact and issues regazding the Core City Stormwater Improvements, with knowledge and experience gained by Rice as Commander, U.S. Army Corps of Engineer District, Jacksonville, where he lead the federal effod to assist Florida and other areas with projects and planning to enhance flood control, navigation, shore protection, and environmental restoration. 2. City shall pay to Rice for the above services the total sum of $14,630.00, of which the amount of $14,630.00 has already been paid pursuant to the better of Agreement previously entered into between the parties. Additional services which Rice may provide to City at City's request shall be compensated at the rate of $150.00 per hour or $1,000.00 per day, whichever is less, plus reasonable and necessary expenses, with a total amount not to exceed $5,000.00. 3. The Letter of Agreement previously entered into between the parties dated February 9, 1998, shall be of no further force or effort, shall be deemed terminated upon the execution of this Agreement, and all future dealings between the parties shall be in accordance with this Agreement. 2 AGREIIVIIIVT made and entered into this day of August, 1998, at Atlantic Beach, Duval County, Florida, by and between the CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, FL 32233 (hereinafter "City"), and T. L. RICE, INC., a Florida corporation, ?700 N. Keadall Drive, Suite 303, Miami, FL 33156 (hereinafter "Rice"). WHEREAS, the parties previously entered into a Letter of Agreement dated February 9, 1998, a copy of which is attached hereto, and WHEREAS, the parties desire to more fully set forth the nature of the services being provided by Rice to City, the remaining payments due Rice under the original Letter of Agreement, and any additional payments which may be made by City to Rice for services rendered hereunder. NOW THEREFORE, in consideration of the mutual covenants and promises as set forth herein, the payments to be made hereunder, and other valuable consideration, the receipt and sufficiency of which are hereby aclmowledged, it is AGREED as follows: 1. Rice shall continue his review of certain portions of the City's Core City Stormwater Improvements, and specifically sections SM-A, SM-B, SM-C and SM-E as shown on Attachment A. Said review shall include: (a) Drainage calculations, assumptions, modeling and system design of current plans provided by England, Thims & Miller, with particular attention given to proposed pipe sizes and associated review with coupled headwaters and tailwaters. Page Three Minutes of Special Called Meeting August 26, 1998 3. Any other business The Mayor reported that she had spoken with Miles Francis, Executive Director of the JTA, who had indicated that the meeting scheduled for 2:00 PM on Wednesday, September 2, 1998, was a public meeting, and encouraged the Commissioners to attend. There being no further business to come before the City Commission, the Mayor declazed the meeting adjourned at 5:40 PM. SUZANNESHAUGHNESSY Mayor/Presiding Officer ATTEST: MAUREEN KING Certified Municipal Clerk Page Two Minutes of Special Called Meeting August 26, 1998 Ms. Winfree also pointed out that they had received commitments for letters of support from community leaders and it was agreed to also request a letter from Mike Paschall, the President of the Beaches Historic Society and Mayor Delaney. Commissioner Mitchelson moved to approve the proposed Atlantic Beach History 2000 Committee budget, and also approve submission of sn application for grant funds ss well as authorization for staff to draft a letter of support for inclusion in the grant application to be signed by the Mayor, as well as approve the two pieces of money that were requested in separate units, one of $500 for start up costs and the other of 56,000 to be used for the matching funds for grant application, or if no grant, then for the total amount of the city's budgeted monies for this project. The motion was seconded by Commissioner Beaver. In discussion, it was agreed that this project would be funded from general fund revenues and would be included in the 1998/99 budget. The motion carried unanimously. Z. ClariTication of the proposed contract with T.L. Rice, Inc. Commissioner Beaver said he felt some confusion arose out of the language of the motion he made at the Special Called Meeting of August 18, 1998, when the City Commission authorized the City Manager to execute a contract with L.T. Rice, Inc. He pointed out that while his motion contained the phrase contiiruatlon contract, the subject contract was a new contract and not a continuation of any existing contract. The Mayor submitted a copy of the agreement which was approved by the City Commission on August I8, 1998, a copy of which is attached as Exhibit A, and pointed out that once this contract is signed, all other contracts are null and void. Also, the intent of the City Commission was for a continuation of services, not a continuation contract. Following a brief discussion, Commissioner Mitchelson moved to approve the contract as submitted as Exhibit A, and authorize its signing by either the Mayor or City Manager. The motion was seconded by Commissioner Meserve and carried unanimously. MINUTES OF THE SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 5:00 PM ON WEDNESDAY, AUGUST 26, 1998 Present: Suzanne Shaughnessy, Mayor Richard Beaver, Commissioner John Meserve, Commissioner Theo Mitchelson, Commissioner Also: James Jarboe, City Manager Maureen King, City Clerk Alan Jensen, City Attorney Absent: Mike Borno, Commissioner The meeting was called to order by Mayor Shaughnessy. I. Approval of Proposed Atlantic Beach History 2000 Committee budget, and approval to submit an application for grant funds Woody Winfree presented a draft of the grant application along with a suggested budget and the Commissioners took a few minutes to review the materials submitted. Discussion ensued and following some suggested minor changes such as including the U.S. Congressional District number, filling in the name of the organization -History 2000 Committee (City of Atlantic Beach), amending target date from December 1999 to November 1999 to allow time for people to acquire the books for Christmas gifts, and also to have the books available for sale at the Tree Lighting in the first week of December. With regard to storage of exhibit materials, Mayor Shaughnessy suggested that committee look into the possibility of storing these materials at the Beaches Historic Society. Discussion ensued regarding whether the budget figures had been increased and Ms. Winfree pointed out that dollar figures had been included for Media One and volunteer hours but the cost to Atlantic Beach remained unchanged at $6,000. Ms. Winfree also pointed that she had previously published a monthly publication and had been involved in budgeting and cost cutting and, in the event the grant was not approved, the project would be tailored to fit the available budget. The Mayor inquired regarding disposition of any surplus funds and Ms. Winfree pointed out there probably would not be any surplus since grant funds would be dispersed quarterly and the last check would be a reimbursement of funds. Commissioner Meserve noted that no revenues from the sale of books had been included in the budget and it was agreed to indicate that revenues would be spent for additional printings. It was also suggested that books be sold at cost to residents of Atlantic Beach.