Agenda Item 8FAGENDA ITEM # 8F
OCTOBER 24, 2011
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Report on Maintenance for Town Center
SUBMITTED BY: Jim Hanson C'
DATE: October 12, 2011
BACKGROUND: Staff was requested to prepare a report on past Agreements relating to
construction of improvements and maintenance in the Town Center area with
specific reference to whether or not the Town Center Agency (TCA) has any
financial responsibility for continuing maintenance.
Since the completion of the major project for public improvements was
completed in 2000, the Cities of Atlantic Beach and Neptune Beach have
split the maintenance costs for Town Center pursuant to an Agreement
approved by the Atlantic Beach City Commission on September 25, 2000.
This Agreement was required as a condition of a 1998 Interlocal Agreement
that outlined the responsibilities of various signors for the Town Center
improvement project.
References to maintenance responsibility of the TCA were included in
various agreements in 1993 and 1996 and in the minutes of Commission
meetings during that timeframe. These references indicated the intent for the
TCA to pay for maintenance from the sale of bricks and/ or from revenues
resulting from the annual Dancin In The Streets Festival. Once the larger
project for improvements in the Town Center area, as described in the 1998
Agreement, was begun, there were no further references to a responsibility of
the TCA for maintenance that staff can find.
A chronological history of the related documents follows;
April 27, 1992 Resolution 92 -10 was approved by the City
Commission. It granted permission to the Town Center Organization
to "construct or install improvements" on Atlantic Blvd. between 3rd
St. and the ocean and indicated that the Town Center Organization
"agrees to provide continuing maintenance of all landscaping materials
placed in conjunction with said construction and installation."
- April 26, 1993 Report made by Alan Jensen at the City Commission
meeting about a proposed Interlocal Agreement that would change the
parking configuration, provide landscaping and brick sidewalks that
would be paid for by the sale of bricks.
AGENDA ITEM # 8F
OCTOBER 24, 2011
May 10, 1993 Atlantic Beach City Commission authorizes the Mayor
to sign an Interlocal Agreement which commits funding from Atlantic
Beach and Neptune Beach in the amount of $25,000 each and states
"Town Center shall coordinate the planting, construction and
maintenance of the tree lined avenue and brick patio. Signatories to
this Agreement were to include the City of Atlantic Beach, City of
Neptune Beach, Town Center Agency, as well as the Sea Turtle and
Sea Horse Hotels. Atlantic Beach does not have a signed copy of this
Agreement in our files, although a draft was located.
March 26, 1996 The City Commission authorized the Mayor to
execute another Interlocal Agreement between the City of Atlantic
Beach, City of Neptune Beach, Jacksonville and the Town Center
Agency which included funding from Atlantic Beach in the amount of
$25,000. This Agreement indicated that it would be the Town Center
Agency's responsibility for "maintenance of all landscaping in Town
Center Park to include weeding, trimming of hedges, upkeep of
flowering beds, and annual trimming of trees... regular maintenance of
benches and trash receptacles and replacement of fixtures on
streetlights if they should become damaged beyond repair." Again, the
City did not receive a signed copy of this Agreement although a draft
is attached.
- July 27, 1998 Minutes of the City Commission meeting indicate a
discussion was held about the willingness of the Cities of Atlantic
Beach and Neptune Beach to participate in the care and maintenance
of the Town Center area.
November 9, 1998 Atlantic Beach Mayor was authorized to sign a
four party agreement with the Cities of Jacksonville and Neptune
Beach as well as the Town Center Agency for streetscape
improvements in Town Center. This Agreement was signed on
December 15, 1998 and outlined a project expected to cost $725,000
and consist of road and streetscape improvements along portions of
Atlantic Boulevard, First Street and Ocean Street. Paragraph 5.8 of
that Agreement states "that prior to project completion and expiration
of contractors warranty period, a separate Tri -Party Agreement
between Atlantic Beach, Neptune Beach and the City of Jacksonville,
acceptable to all three parties, shall be executed which clearly defines
each cities maintenance responsibilities for the public improvements
constructed hereunder."
September 25, 2000 City Commission authorizes execution of an
Agreement with Cities of Jacksonville and Neptune Beach for
maintenance of the Town Center improvements. A staff report
reviewed at that meeting indicated that the contract maintenance costs
related to that Agreement would be $46,272 per year. That Agreement
was signed on December 15, 2000.
AGENDA ITEM # 8F
OCTOBER 24, 2011
RECOMMENDATION: No recommendation is being made. This report is made at the request of the
Commission for information.
BUDGET: No budget changes are proposed.
ATTACHMENTS: 1) Resolution 92 -10 signed on April 27, 1992
2) Minutes of City Commission Meeting of April 26, 1993
3) Minutes of City Commission Meeting of May 10, 1993
4) Draft of Agreement approved by Commission on May 10, 1993. This was
transmitted with a letter from Kim Leinbach dated April 8, 1993.
5) Minutes of City Commission Meeting on March 26, 1996
6) Interlocal Agreement approved by the City Commission on March 26, 1996
7) Minutes of Commission Meeting on November 9, 1998
8) A signed Interlocal Agreement dated December 15, 1998
9) Staff Report dated September 15, 2000
10) Minutes of City Commission Meeting of September 25, 2000
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AGENDA ITEM # 8F
OCTOBER 24, 2011
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AGENDA ITEM # 8F
OCTOBER 24, 2011
INTERLOCAL A FOR CRZATING
TOWN CENTER BETHEMI THIRD STREET
AND THE ATLANTIC OCEAN
THIS AGREEMENT made and entered into in quintuplicate this
day of March, 1993, by and between Atlantic Beach, a
Political subdivision in the State of Florida, hereinafter
referred to as "Atlantic ", Neptune Beach, a municipal corporation
existing under the laws of the State of Florida, hereafter
referred to as "Neptune ", The Sea Turtle Inn, a corporation
existing under the laws of the State of Florida, hereafter
referred to as "Sea Turtle ", The Sea Horne Motel, a Florida
corporation, hereafter referred to as "Sea Horse ", and The Town
Center Agency, Inc. a corporation not for profit, hereafter
referred to as "Town Center ".
WI
WHEREAS, the Town Center presently is engaged in the
planning of the creation and establishment of a Beaches Community
Town Center featuring a tree lined avenue and brick patio on the
north and south sides of Atlantic Boulevard from Third Street to
the Atlantic Ocean; and
WHERE]►6, the Town Center plane to create streets which will
enhance " compati-"ility of vehicles and pedestrians by clearly
defined parking areas and places for pedestrians to sit and enjoy
the beauty of the surrounding area; and
WHEREAS, Sea Turtle and Sea Horse plan to improve and
advertise their convention facilities so as to induce more
community residents and others to visit the area and develop a
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AGENDA ITEM # 8F
OCTOBER 24, 2011
ordinances and state law applicable to Atlantic and Neptune. In
providing services set forth in this Agreement, Town Center will
be acting in the capacity of an independent contractor and not as
an agent, employee, partner, joint venture, or associate of
Atlantic Neptune, Sea Turtle or Sea Horse.
Section 3. Fiscal year officers to administer this
Agreement.
Each party to this Agreement shall be entitled to one vote
and they shall establish a fiscal year for accounting and
budgetary purposes. Adopt a budget for expenditures of funds
provided through and under this Agreement. Sea Turtle, Sea Horse
and Town Center shall make contribution to the fund through their
own sources or from other sources. The parties shall act
diligently and resourceful in obtaining permits and funds from
the Consolidated City of Jacksonville to assist in construction
and maintenance of the facilities to be constructed under this
Agreement.
Section 4. Sea Tuxtla and Sea Morse respoggibilities.
Sea Turtle and Sea Horse shall make improvements to its
facilities from time to time which will be compatible with and
complement the pocket park to be constructed under this
Agreement. Each will devote funds, energy and time toward
improving the quality of life of persons visiting the area.
Section 5. Liability of partite.
Neither party to this Agreement shall be deemed to assume
any liability for the acts, omissions or negligence of the other
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AGENDA ITEM # 8F
OCTOBER 24, 2011
party. Additionally, the party performing any service provided
for herein shall not be responsible for the payment of salary,
wages or other compensation or entitlement to the other party's
officers, agents or employees.
section 6. Effective Date.
This Agreement shall take effect on October 1, 1993, and
shall expire midnight, September 30, 1994. This Agreement shall
automatically extend for successive additional one (1) year
periods unless and until either party shall give notice to the
other parties of its desire to terminate this Agreement not less
than sixty (60) days prior to the expiration of the primary term
or of any extended term.
section 7. Disposition of property.
At the expiration of this Agreement, all equipment and
property shall become the property of the respective party which
has title to such property at the time this Agreement is
executed. Any property jointly owned at the time of the
execution of this Agreement shall continue to be jointly owned,
and any equipment or property acquired with the joint funds of
the parties during the term of this Agreement shall be owned
jointly by the parties, with each party's interest of ownership
therein being equal to its respective percentage of participation
in effect when the equipment was purchased. Any property
purchased by either party during the term of this Agreement
solely from its own funds, and not titled jointly, shall remain
the property of the purchasing party.
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AGENDA ITEM # 8F
OCTOBER 24, 2011
Section 8. Miscellaneous.
(a) This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original, and all of
which shall constitute but one and the same instrument.
(b) In the event of any provision'of this Agreement shall be
held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render
unenforceable any other provisions hereunder.
(c) This Agreement is made and entered into under and shall
be construed in accordance with the laws of the State of Florida.
(d) Town Center, upon execution of this Agreement, shall
file the original thereof, in the public records of Duval County,
as required by Section 163.01(12), Florida Statutes.
(e) All notices, certificates or other communications
hereunder shall be sufficiently given and shall be deemed given
or mailed by registered or certified mail, postage prepaid,
addressed as follows:
Atlantic Beach
City Manager
800 Seminole Road
Atlantic Beach, Florida 32233
With a copy to:
Mayor
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Neptune Beach
City Manager
1517 Atlantic Boulevard
Neptune Beach, Florida 32266
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AGENDA ITEM # 8F
OCTOBER 24, 2011
AGENDA ITEM # 8F
OCTOBER 24, 2011
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AGENDA ITEM # 8F
OCTOBER 24, 2011
Minutes - Page 8
March 26, 1996
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The Mayor reviewed the proposed agreement and summarized the
responsibilities of each party.
MESERVE
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Motion: Authorize execution of Interlocal Agreement with the
REED
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City of Neptune Beach, City of Jacksonville and Town Center
ROSENBLOOM
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Agency, Inc.
SHAUGHNESSY
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FLETCHER
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No discussion before the vote. The motion carried unanimously.
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MESERVE
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Motion: Approve funding of $25,000.00 in the 1996/97 budget
REED
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for the Town Center project
ROSENBLOOM
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SHAUGHNESSY
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In discussion the City Manager pointed out Convention Development Tax funds
FLETCHER
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could be used for this - purpose. The motion carried unanimously.
9. Authorize execution of contract with England, Thims & Miller for
engineering services in connection with stormwater, water, sewer
and paving project from First Street to Saturiba Drive
This item was acted upon earlier in the evening.
With reference to Agenda Item No. 4, the City Manager requested
authorization to waive the bid process and seek quotes so that he could move
ahead with the installation of the lights.
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AGENDA ITEM # 8F
OCTOBER 24, 2011
Safety and Security: Regular and routine police patrol and protection of
Town Center Park to insure safety and to prevent vandalism. Any
vandalism noted to the facilities shall be reported to the Town Center
Agency.
Traffic violations: Regular and routine police patrol of the area for illegally
parked cars on the access and roundabout as well as the sidewalk. Police
patrol should increase in the evening hours and during weekends, especially
at night.
Infrastructure: Town Center Agency shall be notified of any infrastructure
work or repairs being done in Town Center Park. Any asphalt, brick, or
planting materials, as well as curbing, or site fixtures which must be
disturbed or moved in any way shall be replaced or repaired to their original
condition, to include but not be limited to replanting or replacing shrubs
and /or flowers if necessary, and rebricking of sidewalk and /or roundabout to
their original condition.
Infrastructure is defined throughout this agreement as any underground
piping or wiring for any and all utilities, water, sewer, electric, gas,
telephone, cable etc.
Shower: Maintain and repair shower and water fountain and plumbing to
shower as needed.
Maintenance check: The City of Neptune Beach shall make regular and
routine checks for maintenance problems in Town Center Park and report
any problems for which Town Center Agency is responsible to the Board
representative of the Town Center Agency, Inc. The City of Neptune Beach
is responsible for repairs and maintenance to infrastructure and curbing, on
the south side of Town Center Park (from the midline of the street south).
This includes replacing or repairing curbing.
Town Center Representative: A representative from the City shall attend at
Ieast two Town Center Board Meetings per year. The Representative shall
act as a liaison between the City and Board regarding maintenance, special
events, and other concerns.
City of Atlantic Beach shall provide the following:
EIectricity: Electrical service to Town Center Park .
Trash Pick -up: Routine trash pick -up for all trash receptacles on the north
side of Town Center Park. City shall also routinely pick up litter fTOm the
area and keep sidewalks clear of debris.
Lighting: Maintenance and.repair of all lighting fixtures (both street lights
and bollards) to include changing of bulbs in the entire Town Center Park.
Safety and Security: Regular and routine police patrol and protection of
AGENDA ITEM # 8F
OCTOBER 24, 2011
Town Center Park to insure safety and to prevent vandalism.
Traffic violations: Atlantic Beach shall Regular and routine police patrol of
the area for illegally parked cars on the access and roundabout as well as
the sidewalk. Police patrol should increase in the evening hours and during
weekends, especially at night.
Infrastructure: Town Center Agency shall be notified of any infrastructure
work or repairs being done in Town Center Park. Any asphalt, brick, or
planting materials, as well as curbing, or site fixtures which must be
disturbed'or moved in any way shall be replaced or repaired to their original
condition, to include but not be limited to replanting or replacing shrubs
and /or flowers if necessary, and rebricking of sidewalk and /or roundabout to
their original condition.
Maintenance check: The City of Atlantic Beach shall make regular and
routine checks for maintenance problems in Town Center Park and report
any problems for which Town Center Agency is responsible to the Board
representative of the Town Center Agency, Inc. The City of Atlantic Beach
is responsible for repairs and maintenance to infrastructure and curbing on
the north side of Town Center Park (from the midline of the street north).
This includes replacing or repairing curbing.
Town Center Representative: A representative from the City shall attend at
least two Town Center Board Meetings per year. The Representative shall
act as a liaison between the City and Board regarding maintenance, special
events, and other concerns.
City of Jacksonville shall maintain the asphalt portion of Town Center Park
keeping it in adequate condition for driving and safe condition for walking,
biking etc. Should the asphalt need removing for reasons of repair to
infrastructure, the City of Jacksonville shall replace the asphalt which
needed to be removed.
Efforts shall be made among the parties to notify the City. of
Jacksonville of any repairs which are necessary or any infrastructure work
planned which necessitates the removal of asphalt.
Drainage: All parties of this agreement acknowledge that storm water
drainage has historically been a problem and continues to be a problem at
the Town Center access to the beach and that it has negative impact on the
appearance and usability of the park and access to the beach. Town Center
Agency, Inc. is .not responsible for any problems concerning drainage in the
area, as it was a problem before the beautification project began.
AGENDA ITEM it 8F
OCTOBER 24, 2011
Natural Disaster: In the event of a natural disaster, such as a hurricane,
the Cities involved in this agreement shall include Town Center Park in
their active pursuit of financial assistance from Federal, State or Local
Agencies.
Festivals and Special Events: It is understood by all parties that Town
Center Agency, Inc. receives its revenue from the proceeds of the annual
street festival, " Dancin' in the Street " held each May. The proceeds from
this festival are used for maintenance of the completed Town Center Park
and for costs regarding future phases of Town Center. In the event that
Town Center Agency, Inc. is not able to have the festival, and the funds for
maintenance become exhausted, the Cities of Atlantic Beach, Neptune
Beach and Jacksonville will make a concerted effort to continue the same
standard of maintenance for Town Center Park_ and share as they see fit in
its future upkeep.
The Board of the Town Center Agency, Inc. shall serve as a
coordinating and /or screening agent for any festivals and special events
planned in Town Center Park including those events not sponsored by the
Town Center Agency. - The Cities of Atlantic and Neptune Beach shall
participate in the coordinating of these events and shall have final authority
to accept or reject any event in question.
Town Center Agency, Inc. City of Neptune Beach
City of Jacksonville City of Atlantic Beach
AGENDA ITEM # 8F
OCTOBER 24, 2011
COMMISSIONERS
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Minutes Page -9-
July 27, 1998
Mayor Shaughnessy inquired as to where- the funding would come from for the
project and City Manager. Jarboe stated it could come from the General Fund,
Convention/Development Tax or from the $12,000 left in the Town Center
budget, if they are agreeable to it.
G. Discussion and Related Action Regarding the Possibility of
Reviving the Teen Council (Mayor)
Mayor Shaughnessy stated she had not received any input from the
Commission regarding the request and stated that the Teen Council was put
together by former Mayor Fletcher to promote teen activities.
Commissioner Beaver stated he would.like to see the group revived and might
know someone who would be interested in serving.
Dorothy Kerber of 3651st Street also provided information concerning the
�een Council.
Commissioner Meserve suggested that the City Newsletter be used to solicit
interest in reviving the group.
Commissioner Borno believed Commission action should be determined by the
need and interest expressed by the Community.
There was no Commission action relative to the Teen Council at this time.
H. - Sustainable Communities Network
Mayor Shaughnessy inquired if there was any follow -up regarding the
Sustainable Communities Network from the Department of Community
,Affairs. Community Development Director Worley stated had requested the
information packet but had not received it yet. He further stated that he felt the
city would still be able to join.
Mayor Shaughnessy requested that Mr. Worley let her know if the city can join
as soon as the information is received. He stated he would do so.
,,4. Consent Agenda:
A. Bid No. 9798 -20 Street Sweeping in Atlantic Beach for a 12
AGENDA ITEM # 8F
OCTOBER 24, 2011
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WHEREAS, the construction work shall be performed by a contractor awarded the
project in accordance with Part 2, Section 126, Purchasing Code of the City of Jacksonville; and
WHEREAS, some of the reasons for undertaking a coordinated project involving the
Public Improvements include cost sharing, improved roadways, and improved conditions; and
WHEREAS, the plans will be prepared by the Landscape Architect in such a way that
construction costs will not exceed the Public Improvement's budgeted funds; and
WHEREAS, JACKSONVILLE, ATLANTIC BEACH, NEPTUNE BEACH, AND
TOWN CENTER desire to set forth their agreement regarding the design, construction and
payment for the Public Improvements.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, JACKSONVILLE, ATLANTIC BEACH, NEPTUNE BEACH, AND TOWN CENTER
agree as follows:
SECTION 1
DEFINITIONS
1.1 "JACKSONVILLE" means the Consolidated City of Jacksonville, Florida.
1.2 "ATLANTIC BEACH" means the City of Atlantic Beach, Florida.
1.3 "NEPTUNE BEACH" means the City of Neptune Beach, Florida.
1.4 "TOWN CENTER" means the Town Center Agency.
1.5 "COUNCIL" means the City Council of the Consolidated City of Jacksonville,
Florida.
1.6 "PUBLIC IMPROVEMENTS" means capital improvements consisting of certain
road and streetscape improvements along portions of Atlantic Boulevard, First Street, and Ocean
Street, all located in Atlantic Beach and/or Neptune Beach.
1.7 "LANDSCAPE ARCHITECT" means R. Glen Mitchell & Associates, Inc.
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AGENDA ITEM # 8F
OCTOBER 24, 2011
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SECTION 2
FUNDING
2.1 The four parties agree to bear the full costs of the Public Improvements according
to the Plans and Specifications prepared by the Landscape Architect and approved by all four
parties, including, but not limited to, design, construction, inspection, contract administration,
construction testing, permit fees, etc.
SECTION 3
OBLIGATIONS
3.1 The payment schedule shall be based on an estimated total project cost of
$725,000.00, as determined from preliminary design services by the Landscape Architect. Plans
and Specifications shall be prepared such that construction bids are expected to approach, but not
exceed, $725,000.00, less known design fees and anticipated contract administration and testing
fees.
3.2 Financial participation for the design, construction, contract administration,
construction testing, and any and all other costs, including contingencies, of the Public
Improvements by the four parties shall be as follows:
JACKSONVILLE: $325,000.00
ATLANTIC BEACH: $162,500.00
NEPTUNE BEACH: $162,500.00
TOWN CENTER: $75,000.00
TOTAL: $725,000.00
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AGENDA ITEM # 8F
OCTOBER 24, 2011
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3.3 Should the actual final total cost of the Public Improvements be less than
$725,000.00, the difference will be proportionately refunded as follows:
JACKSONVILLE: 44.83%
ATLANTIC BEACH: 22.41%
NEPTUNE BEACH: 22.41%
TOWN CENTER: 10.35%
TOTAL: 100.00%
3.4 ATLANTIC BEACH, NEPTUNE BEACH, AND TOWN CENTER, on or before
the date of the advertisement for bids for the construction of the Public Improvements, will
deposit with JACKSONVILLE its estimated share toward the total costs of the Public
Improvements as identified in Section 3.2 hereof, and these amounts shall be used exclusively
for costs incurred, including change orders, during the course of the construction of the Public
Improvements. If thereafter, during the course of construction, additional amounts beyond those
deposited are identified for change orders as necessary to conform to sound engineering and
construction requirements, and are necessary to pay for the Public Improvements,
JACKSONVILLE will provide ATLANTIC BEACH, NEPTUNE BEACH, AND TOWN
CENTER with a copy of such proposed change order(s), and all four parties must concur; and
within ten (10) days after such copy is provided, ATLANTIC BEACH, NEPTUNE BEACH,
AND TOWN CENTER will pay proportional additional amounts to JACKSONVILLE which
will be used to pay for cost overruns in connection with the Public Improvements in the
following percentages: ATLANTIC BEACH — 22.41 %; NEPTUNE BEACH — 22.41 %;
TOWN CENTER — 10.35 %; and JACKSONVILLE — 44.83 %.
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AGENDA ITEM # 8F
OCTOBER 24, 2011
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3.5 ATLANTIC BEACH, NEPTUNE BEACH, AND TOWN CENTER may, at any
time, up to and including one year after the completion of the construction of the Public
Improvements, review or have audited, at their expense, the books and records of
JACKSONVILLE regarding the cost of the Public Improvements. If the review or audit reveals
that ATLANTIC BEACH, NEPTUNE BEACH, and/or TOWN CENTER paid more than its
share of the cost of the Public Improvements, ATLANTIC BEACH, NEPTUNE BEACH, and/or
TOWN CENTER shall provide to JACKSONVILLE such information as is necessary to show
that ATLANTIC BEACH, NEPTUNE BEACH and/or TOWN CENTER overpaid the cost of the
Public Improvements, and JACKSONVILLE shall thereafter promptly refund the cost of any
overpayments.
3.6 TOWN CENTER shall contract directly with the Landscape Architect for its
services; however, the design contract will be administered by JACKSONVILLE'S Department
of Public Works in consultation with the other three (3) parties to this Agreement.
3.7 Construction will be administered by JACKSONVILLE'S Department of Public
Works, Engineering Division.
3.8 All parties shall be represented in matters dealing with the Landscape Architect
by JACKSONVILLE'S Department of Public Works Project Manager.
3.9 All parties shall inspect and approve all work as final.
3.10 The address of JACKSONVILLE for the purposes of communications relating to
this contract shall be as rioted above (contact person: Mayor John Delaney or designee)
3.11 The address of ATLANTIC BEACH for the purposes of communications relating
to this contract shall be as noted above (contact person: Mayor Suzanne Shaughnessy or
designee).
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AGENDA ITEM # 8F
OCTOBER 24, 2011
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3.12 The address of NEPTUNE BEACH for the purposes of communications relating
to this contract shall be as noted above (contact person: Mayor George Vaughn or designee
3.13 The address of TOWN CENTER for the purposes of communications relating to
this contract shall be as noted above (contact person: Dezmond Waters or designee .
SECTION 4
DEFAULT AND REMEDIES
4.1 A default shall consist of the breach or anticipatory breach of any covenant,
agreement, representation, provision, or warranty entered into between JACKSONVILLE,
ATLANTIC BEACH, NEPTUNE BEACH, AND TOWN CENTER relating to the Public
Improvements. If a default, breach or anticipatory breach occurs, the party not in default may, at
any time or from time to time, proceed to enforce its remedy under this Contract by suit in
equity, action at law or by any other appropriate proceeding for damages or other relief, or
proceed to take any action authorized or permitted under applicable laws or regulations. No
party shall act upon any default until it has given the party in default written notice of the default
and ten (10) days within which to cure the default.
SECTION 5
GENERAL PROVISIONS
5.1 JACKSONVILLE, ATLANTIC BEACH, NEPTUNE BEACH, AND TOWN
CENTER each bind the other and their respective successors and assigns in all respects to all of
the terms, conditions, covenants and provisions of this Contract, and any assignment or transfer
by TOWN CENTER of its interest in this Contract without the written consent of
JACKSONVILLE, ATLANTIC BEACH, AND NEPTUNE BEACH shall not be binding upon
JACKSONVILLE, ATLANTIC BEACH, AND NEPTUNE BEACH. Nothing herein shall be
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AGENDA ITEM # 8F
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construed as creating any personal liability on the part of any officer or agent of
JACKSONVILLE, ATLANTIC BEACH, NEPTUNE BEACH, or TOWN CENTER, nor shall it
be construed as giving any right or benefit hereunder to anyone other than JACKSONVILLE.
ATLANTIC BEACH, NEPTUNE BEACH, TOWN CENTER, their successors and assigns.
5.2 For the purposes of this Agreement, there shall be formed a Project Oversight
Committee consisting of the following members:
Mayor John Delaney
Mayor Suzanne Shaughnessy
Commissioner Mike Borno
Sam E. Mousa, P. E.; Director of Public Works
Lyman T. Fletcher
Rene Schiegg, General Manager
Mayor George F. Vaughn, Jr.
City Councilman Dick Brown
Councilor Bob Shimp
Dezmond Waters
Allen Majefski
Thomas Dumas
Jacksonville, Florida
Atlantic Beach, Florida
Atlantic Beach, Florida
Jacksonville, Florida
Town Center Agency
Sea Turtle Hotel
Neptune Beach, Florida
Jacksonville, Florida
Neptune Beach, Florida
Town Center Agency
Town Merchants, Inc.
P. I. N. E., Inc.
The Project Oversight Committee (POC) shall retain control over all aspects of
the Public Improvements including, but not limited to, plans development and preparation,
scheduling, budgetary matters, landscape and. streetscape materials, design issues and
construction management, etc. The POC shall meet periodically during the progression of the
Public Improvements to ensure mutually satisfactory decisions are reached or problems resolved
to the collective benefit of all members and parties.
5.3 All parties agree to comply with all applicable laws, rules and regulations, federal,
state and local, in its performance under this Contract and its implementation.
5.4 TOWN CENTER represents and guarantees that to the best of its knowledge and
belief: (a) it is currently in good standing under the laws of the State of Florida; and (b) the
persons executing this Contract are duly authorized to execute this Contract on behalf of TOWN
CENTER and TOWN CENTER has authority to enter into this Contract.
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AGENDA ITEM # SF
OCTOBER 24, 2011
11/10/98
this Agreement. This prohibition shall apply to all contracts or subcontracts in connection with
the Public Improvements.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement the day
and year first above written.
ATTEST: CITY OF JACKSONVILLE
C. WILLIAMS WILLIAMS JOHN ELANEY
TION SECRETARY MA OR
ATTEST: CITY OF ATLANTIC BEACH
v
By: i-
SUZANNE SHRUG SSY
MAYOR
Its: CITY CLERK
ATTEST:
CITY OF NEPTUNE BEACH
By: j/m5c- By: : —. _.
RG F. VAUG R.
MAYOR
(Print Name)
ATTEST:
By: O
ELAINE KjNN
Its: VICE PRESIDENT
Its
TOWN CENTER AGENCY
AGENDA ITEM # 8F
OCTOBER 24, 2011
I
11/10/98
IN COMPLIANCE with the Charter of the City of 'Jacksonville, I hereby certify that
there is an unexpended, unencumbered and unimpounded balance in the appropriation to cover
the foregoing contract, and provision has been made for the payment of monies provided therein
to be paid.
Director of Admini tr tion & Finance
- -7 7th W9
Form Ap roved:
C. J
A;
Assistant General Counsel
-10-
AGENDA ITEM # 8F
OCTOBER 24, 2011
L
BUDGET: As previously reported, bids had been received for the maintenance
of this area totaling $46,272.00 per year. We anticipate handling
the maintenance on a month to month basis until bid specs can be
_
revised and new bids taken with a current target date estimated of
December of this year for contract award.
RECOMMENDATION: The City Commission should approve the execution of this contract.
ATTACHMENTS: 1. TRI PARTY AGREEMENT BETWEEN THE CITIES OF
JACKSONVILLE, ATLANTIC BEACH AND NEPTUNE
BEACH FOR MAINTENANCE OF LANDSCAPE AND STREET
SCAPE IMPROVEMENTS IN THE TOWN CENTER AREA.
AGENDA ITEM # 8F
OCTOBER 24, 2011
TRI -PARTY AGREEMENT BETWEEN CITY OF JACKSSOMULE,
CITY OF ATLANTIC BEACH AND CITY OF NEPTUNE BEACH
FOR MAINTENANCE OF LANDSCAPE AND STREETSCAPE IlWAOVEMENTS
:_____ ___-__:___ : __ : ; AL4NG.ATLANTJ<C : BOULEVARD, FIRST STREET, AND_OCEAN BOU __ ______
- : IN THE AREA KNOWN AS "'TOWN CENTER ",.: ;
DUVAL COUNTY, FLORIDA
THIS AGREEMENT, made and entered into in triplicate on this day of
2000, by and between the CITY OF JACKSONVILLE, a municipal
corporation located at 117 West Duval Street, Suite 400, Jacksonville, Florida 32202, hereinafter
referred to as "JACKSONVILLE"; the CITY OF ATLANTIC BEACH, a municipal corporation
located at 800 Seminole Road, Atlantic Beach, Florida 32233, ' hereinafter referred to as
"ATLANTIC BEACH "; and the CITY OF NEPTUNE BEACH, a municipal corporation located at
116 First Street, Neptune Beach, Florida 32266, hereinafter referred to as "NEPTUNE BEACH ";
WITNESSETH:
WHEREAS, JACKSONVILLE, ATLANTIC BEACH and NEPTUNE BEACH are
presently nearing completion of construction of certain road, streetscape and landscaping
improvements on portions of Atlantic Boulevard, First Street and Ocean Boulevard (the
rights-of-way of which are recorded in the Official. Records of Duval County, Florida),
hereinafter referred to as the "Public Improvements "; and
WHEREAS,, a portion of the said construction of the ,Public Improvements was
accomplished by a Four -Party Agreement, dated December 14, 1998, between JACKSONVILLE,
ATLANTIC BEACH, NEPTUNE BEACH, and the Town Center Agency, Inc.; and
WHEREAS, Section 5.8 of the said Four -Party Agreement requires that a separate Tri-
Party Agreement between ATLANTIC BEACH, NEPTUNE BEACH, and JACKSONVILLE,
acceptable to all three (3) parties, shall be executed which clearly defines each City's
maintenance responsibilities for the Public Improvements constructed thereunder and in previous
phases prior to project completion and expiration of the Contractor's warranty period; and '
AGENDA ITEM # 8F
OCTOBER 24, 2011
WHEREAS, JACKSONVILLE, ATLANTIC BEACH and NEPTUNE BEACH agree
that a formally executed maintenance agreement between the three (3) parties will promote the
lasting beauty, durability, and aesthetics of the Public Improvermnts;,and
WHEREAS, JACKSONVILLE, ATLANTIC BEACH and NEPTUNE BEACH now
desire to set forth their agreement regarding the maintenance of the Public Improvements.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, JACKSONVILLE, ATLANTIC BEACH and NEPTUNE BEACH, agree as follows:
SECTION 1
DEFINITIONS
1.1 "JACKSONVILLE" means the Consolidated City of Jacksonville, Florida.
1.2 "ATLANTIC BEACH" means the City of Atlantic Beach, Florida.
1.3 "NEPTUNE BEACH" means the City of Neptune Beach, Florida.
1.4 "PUBLIC IMPROVEMENTS" means capital improvements consisting of certain
road, streetscape and landscape improvements along that portion of Atlantic Boulevard between
Third Street and the Beach; that portion of First Street between Atlantic Boulevard and Orange
Street; and that portion of Ocean Boulevard between Atlantic Boulevard and Ahern Street; which
were constructed or installed under, or prior to, the Four -Party Agreement dated December 14,
1998, using plans and specifications prepared by R. Glen Mitchell & Associates, and constructed
by ABBA Construction, Inc.; BGCO, Inc.; or earlier contractors, and including the entranceway
columns.
1.5 "CONTRACTOR" means Abba Construction, Inc. (as to road and streetscape
improvements), and/or BGCO, Inc. (as to landscape improvements).
AGENDA ITEM # 8F
OCTOBER 24, 2011
SECTION 2
OBLIGATIONS
- —_- 2.1 ___JACKSONVILLE-shall be.responsible for the maintenance.ofthe. asphalt pavement� -_
curbs and gutters, roadway'striping, drainage structures, drainage pipes, and concrete adjacent to and
beneath historic brick crosswalks on the. portions of Atlantic Boulevard which lie between the
easterly right -of -way line of Third Street (S. R. A1A) and the terminus of the pavement at the Beach;
and between the northerly and southerly back of curb lines as shown on the attached Exhibit "A ",
which by this reference is made a part hereof. JACKSONVILLE shall not be responsible for the
maintenance of any non - asphalt surfaces within these limits such as, but not limited to, landscaped
medians, historic brick crosswalks, the East Coast Drive stamped concrete crosswalk, the brick
intersection at First Street/Ocean Boulevard, and the turnaround adjacent to the Sea Turtle Hotel,
with the exception of the concrete adjacent to and beneath historic brick crosswalks.
JACKSONVILLE shall also incur no maintenance responsibilities on those portions of Atlantic
Boulevard which lie between the northerly and southerly backs of curbs and the respective northerly
and southerly right -of -way lines, JACKSONVILLE shall also not be responsible for the
maintenance of the drainage structures and pipes along and beneath Atlantic Boulevard which are
located within five (Y) feet horizontally in any direction of the stamped concrete crosswalk across
East Coast Drive: JACKSONVILLE'S responsibility for the maintenance of drainage on the portion
of Atlantic Boulevard which lies east of the easterly right -of -way line of First Street and Ocean
Boulevard is specifically limited to maintaining the existing drainage structures and pipes, and in no
way requires that JACKSONVILLE enlarge any structures or pipes to improve runoff in the area.
2.2 ATLANTIC BEACH shall be responsible ` for the maintenance of all Public
Improvements within the entire right -of -way of Ocean Boulevard, and that portion of the right-of-
way of Atlantic Boulevard which Iies between the centerline of Atlantic.Boulevard. and the northerly
right -of -way line of Atlantic Boulevard, from the easterly right -of -way line of Third Street to the
AGENDA ITEM # 8F
OCTOBER 24, 2011
terminus of the. pavement at the Beach, which is not the maintenance responsibility of
JACKSONVILLE as shown on the attached Exhibit "A'. ATLANTIC BEACH shall maintain the
drainage structures'and pipes which are located within five (5) feet horizontally in any direction of
the stamped concrete crosswalk across East Coast Drive. Said Public Improvements'include, but are
not limited to, curbs, gutters, asphalt, drainage structures, drainage pipes, brick sidewalks, brick
crosswalks, trees, bushes, grass, other landscape materials, light poles, light fixtures, light bulbs,
signs, sign posts, banner arms, benches, bike racks, receptacles, foundation for the entranceway
column, the entranceway column, and any City of Atlantic Beach owned utilities or property.
2.3 NEPTUNE BEACH shall be responsible for the maintenance of all Public
Improvements within the entire right -of -way of First. Street, and that portion of the right-of-way of
Atlantic Boulevard which lies between the centerline of Atlantic Boulevard and the southerly right-
of-way line of Atlantic Boulevard, from Third Street to the terminus of the pavement at the Beach,
which is not the maintenance responsibility of JACKSONVILLE as shown on the attached Exhibit
"A ". Said improvements include, but are not limited to, curbs, gutters, asphalt, drainage structures,
drainage pipes, brick sidewalks, brick crosswalks, trees, bushes, grass, other landscape materials,
light poles, light fixtures, light bulbs, signs, banner arms, benches, bike racks, receptacles,
foundations for the entranceway column, the entranceway column, and any City of Neptune Beach
owned utilities or property.
2.4 ATLANTIC BEACH and NEPTUNE BEACH, recognizing that
JACKSONVILLE provided all the funding for the landscape component of the Public
Improvements, do hereby warrant that they will enter into an agreement(s) with a professional
landscape maintenance contractor(s), at their cost, for the maintenance of all landscape
components for a minimum of five (5) years commencing with the date of this Agreement. The
said minimum five (5) year period is to ensure the survival of all plants. ATLANTIC BEACH
and NEPTUNE BEACH agree to maintain the landscape component of the Public Improvements
AGENDA ITEM # 8F
OCTOBER 24, 2011
' to at lease the same extent and quality as ATLANTIC BEACH presently maintains the medians on
Atlantic Boulevard from the Intracoastal Waterway Bridge to Third Street, both in terms of aesthetics
and overall plant health. ATLANTIC BEACH and NEPTUNE BEACH each agree to pay exactly : one -
half (50 0 /,D) of all maintenance of landscaping costs, including maintenance and operation of the irrigation
system and the water used for irrigation. ATLANTIC BEACH shall administer the landscape
maintenance contract in consultation with NEPTUNE BEACH. As an option to the above, if landscape
maintenance cannot be obtained at an acceptable price from a contractor, Atlantic Beach and Neptune
Beach may choose to perform the maintenance with City employees, provided such City employees aie
properly qualified and/or supervised to perform the work
2.5 ATLANTIC BEACH and NEPTUNE BEACH agree to obtain a Right -a -Way Permit from
the City of Jacksonville Public Works Department for the construction and maintenance of the
entranceway columns. The City of Jacksonville Project Manager shall assist the Cities of ATLANTIC
BEACH and NEPTUNE BEACH wiff obtaining the Right -of -Way Permit.
2.6 JACKSONVILLE agrees to provide three (3) sets of blueline prints, and complete
CADD files, of final As -Built Drawings of the Public Improvements to both ATLANTIC BEACH
and NEPTUNE BEACH after the completion of construction of the Public Improvement.
2.7 The address of JACKSONVILLE for the purposes of communications relating to this
contract shall be as noted above (contact person: Mayor of Jacksonville or designee).
2.8 The address of ATLANTIC BEACH for the purposes of communications relating to
this contract shall be as noted above (contact person: City Manager or designee).
2.9 The address of NEPTUNE BEACH for the purposes of communications relating to this
contract shall be as noted above (contact person: City Manager or designee).
.5-
AGENDA ITEM # 8F
OCTOBER 24, 2011
SECTION 3
DEFAULT AND REMEDIES
3.1 A default shall consist of the breach. or- anticipatory .breach of any :covenant;
agreement, representation, provision, or warranty entered into between JACKSONVILLE,
ATLANTIC BEACH and NEPTUNE BEACH relating to the Public Improvements. If a default,
breach or anticipatory breach occurs, the party not in default may, at any time or from time to time,
proceed to enforce its remedy under this Contract by suit in equity, action at law or by any other
appropriate proceeding for damages or other relief, or proceed to take any action authorized or
permitted under applicable laws or regulations. No party shall act upon any default until it has given
the party in default written notice of the default and thirty (30) days within which to cure the default.
SECTION 4
GENERAL PROVISIONS
4.1 JACKSONVILLE, ATLANTIC BEACH, and NEPTUNE BEACH each bind the
other and their respective successors and assigns in all respects to all of the terms, conditions, covenants
and provisions of this Contract. Nothing herein shall be construed as creating any personal liability on
the part of any officer or agent of JACKSONVILLE, ATLANTIC BEACH, or NEPTUNE BEACH,
nor shall it be construed as giving any right or benefit hereunder to anyone other than
JACKSONVILLE, ATLANTIC BEACH, NEPTUNE BEACH, their successors and assigns.
4.2 All parties agree to comply with all applicable laws, rules and regulations, federal,
state and local, in its performance under this Contract and its implementation.
4.3 No waiver by any party at any time of any of the terms, conditions, covenants,
and agreements herein, or of any default, shall be deemed or taken as a waiver at any time
thereafter of the same or any other term, condition, covenant or agreement herein contained, nor
of the strict and prompt performance thereof.
AGENDA ITEM # 8F
OCTOBER 24, 2011
4.4 This Contract constitutes the entire present agreement between
JACKSONVILLE, ATLANTIC BEACH, and NEPTUNE BEACH. No change in, modification
of; or supplement to this Contract shall. be valid - or enforceable unless it is. enacted in wasting and .
signed by the duly authorized representatives of JACKSONVILLE, ATLANTIC BEACH, and
NEPTUNE BEACH by formal amendment.
4.5 The use of the singular in this Contract shall include the plural and the pronouns
shall be considered as masculine, feminine or neutral in gender wherever the context so requires.
SECTION 5
MEMBERS OF LOCAL GOVERNING
BODY, OR OTHER PUBLIC OFFICIALS
5.1 No member, officer or employee of the governing body of the locality in which
the Public Improvements are-situated, and no other public official of such locality or localities
who exercises any functions or responsibilities with respect to the program during his/her tenure
or for one year thereafter, shall have any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be performed in connection with the Public
Improvements maintained under this Agreement. This prohibition shall apply to all contracts or
subcontracts in connection with the maintenance of the Public Improvements.
AGENDA ITEM # 8F
OCTOBER 24, 2011 i
By:
LRITME C. WILLIAMS
CORPORATION SECRETARY
ATTEST:
By:
MAUREEN KING
Its: CITY CLERK
ATTEST:
By:
LISA VOLPE
Its: CITY CLERK
By:
JOHN A. DELANEY
MAYOR
CITY OF ATLANTIC BEACH
By:
JOHN MESERVE
MAYOR, .
CITY OF NEPTUNE BEACH
By:
GEORGE F. VAUGHN - JR.
MAYOR
IN COMPLIANCE with the Charter of the City of Jacksonville, I hereby certify that there is
an unexpended, unencumbered and unimpounded balance in the appropriation to cover the foregoing
contract, and provision has been made for the payment of monies provided therein to be paid.
Form Approved:
Director of Administration & Finance
Assistant General Counsel