Item 8EAGENDA ITEM SE
MAY 22, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
~"' STAFF REPORT
AGENDA ITEM: Interlocal Agreement with the City of Jacksonville for
Construction of a Handicap Accessible Beach Walkover at Third
Street
SUBMITTED BY: Jim Hanson, Ci
DATE: May 15, 2006
BACKGROUND: Several months ago, the city was approached by residents in the 3rd Street
area requesting that a handicap accessible beach walkover be installed at
the 3rd Street access. The request appeared to have some merit because
the area between Ahern Street and 6~' Street is the farthest distance in
Atlantic Beach between handicap accessible beach accesses. Third Street
is in the middle of that distance.
All of the handicap beach walkovers in recent years have been built
through grants received from the City of Jacksonville. Hoping to receive
funding for this walkover also, Councihnember Art Graham was
approached to see if funds were available. He responded with a
considerable amount of work in researching the availability of the grants
and ultimately having an agreement prepared and approved by
Jacksonville to pay up to $48,000 for the construction of the walkover at
3`d Street. We have now received a proposed interlocal agreement from
the City of Jacksonville for this purpose. A copy is attached.
There have been several discussions with 3`d Street residents in recent
months about the possible construction of a beach walkover. While most
have expressed support for the walkover, some have been opposed. One
owner on the east side of Beach Avenue has expressed opposition because
it would partially obstruct his view of the beach. Another person has
expressed concern that improving the beach access would encourage more
traffic on 3`d Street. Because of these concerns, city staff distributed a
survey to 3`a Street residents asking for their input.. A total of 30
responses were received. Of those, 22 were in favor of the walkover, 7
were against and one did express an opinion either way. A copy of the
survey is also attached for your review. A notice of this proposed
agreement being considered by the city commission at this meeting has
been posted at the 3`d Street beach access. Some residents both for and
against the proposal may attend the city commission meeting.
BUDGET: The estimate for construction of this walkover is $48,000. The Interlocal
Agreement with the City of Jacksonville will provide up to $48,000 for
this project. Atlantic Beach has built several similar access walkovers in
recent years and our estimate of cost is based upon that work.
AGENDA ITEM 8E
MAY 22, 2006
RECOMMENDATION: Authorize Mayor Wolfson to sign the Interlocal Agreement with the City
of Jacksonville to provide funding for the construction of a handicap
accessible beach walkover at 3`d Street and authorize the city staff to take
bids for that project.
ATTACHMENT: (1) Interlocal Agreement between the City of Jacksonville and the City of
Atlantic Beach for construction of a handicap accessible beach
walkover at 3`a Street
(2) Survey form of residents along 3`d Street
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Prepared by and Return to:
R. William Crowe
Office of General Counsel
117 West Duval Street, Suite 480
Jacksonville, Florida 32202
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF JACKSONVILLE
AND
THE CITY OF ATLANTIC BEACH
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A(~L1VllA 1'1'LM tSE
MAY 22, 2006
THIS AGREEMENT ("Agreement"), is made and entered into this day of
2006, and is by and between the CITY OF JACKSONVILLE, a municipal
corporation in Duval County, Florida, with its principal office at 117 West Duval Street,
Jacksonville, Florida 32202 ("COJ") and the CITY OF ATLANTIC BEACH, a municipal
corporation in Duval County, Florida, with its principal office at 800 Seminole Road, Atlantic
Beach, Florida 32233 ("COAB").
WITNESSETH:
WHEREAS, the COJ has made funds available to the COAB, as specified below, to assist in
funding a portion of the costs to construct a handicap accessible beach walkover at the Third
Street beach access point in COAB ("Project"), as more particularly described in Exhibit A. The
beach walkover will be 160' x 5' and handicap accessible, and will be located at the end of Third
Street, which property is owned by the COAB ("Premises"); and
WHEREAS, funding, in the amount of $48,000.00, is presently available through the 2004 ETR
bond Council District 13 Discretionary Project Account Number CCCP36313720 by and tlu-ough
Section 106.315, Ordinance Code of the City of Jacksonville ("Ordinance Code) and Section
2(dd) of COJ Ordinance 2004-998-E; and
WHEREAS, Section 2(dd) of COJ Ordinance 2004-988-E has been amended by Ordinance
2005-1044-E to permit Discretionary Projects to be located on property owned by any
municipality within Duval County; and
WHEREAS, it is in the COJ's best interest to provide funding for the Project, and to make and
enter into a contract with the COAB, as is required in Section 106.315 (a), Ordinance Code; now
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AGENDA ITEM 8E
MAY 22, 2006
therefore
IN CONSIDERATION of the mutual promises contained herein and for other good and
sufficient consideration, the parties agree that:
1. Incorporation of Recitals. The above stated recitals are true and correct and, by this
reference, are incorporated herein and made a part hereof.
** 2. Effective Date. This Agreement shall become effective on the day and year first written
above and shall continue in full force until construction of the Project is complete, unless
terminated earlier as provided in this Agreement; provided however, this Project shall be
~" completed no later than September 30, 2007.
3. Assistance with Funding the Project. The COJ shall provide funding, in a total amount
~"" not-to-exceed FORTY-EIGHT THOUSAND AND 00/100 DOLLARS ($48,000.00) to the COAB
for the purpose of assisting with the funding of the Project as described in Exhibit A. The COJ
will not maintain, repair, or support the Project during construction or at any time thereafter.
"~ Such maintenance, repair and support of the Project shall be the sole and exclusive responsibility
of the COAB, with no additional cost or expense to the COJ. The COAB shall spend this funding,
provided, by the COJ, only on the Project and for no other matters. Expenditure of the funds on
'""' any other matter than the Project shall be a material breach and default of this Agreement and
shall result in refunds as specified in this Agreement. The funding, provided in this Agreement
must be the last funds spent by the COAB after all other funds, from whatsoever sources, are
""' spent and exhausted.
4. COAB Compliance. The COAB shall comply with all applicable bond
covenants/restrictions, federal, state, and local laws, rules, regulations, ordinances, including, but
not by way of limitation the provisions of Section 118.204 and 118.205, Ordinance Code and
Chapter 118, Parts 3, 4, and 5, Ordinance Code. In the event of a conflict between or among the
provisions of this Agreement and the provisions of the cited provisions in Chapter 118, Ordinance
Code, the stricter and more stringent provision will apply. The cited provisions of Chapter 118,
Ordinance Code are contained in Exhibit B.
5. Project Improvements. The COAB shall comply with the construction standards and
priority schedule as stated in Exhibit A.
6. Payment on Draw or Reimbursement Basis. The COJ's contribution for the Project,
~„ pursuant to this Agreement, shall be on a "draw for work done" basis or on a "cost for
reimbursement" basis. Payments will be made within thirty (30) days of the COAB's submittal
to the COJ of documentation, including bills, invoices and other documents satisfactory to the
~„ COJ's General Accounting Division, to justify withdrawal or reimbursement payment to the
COAB.
~.. 7. COJ Representative. The COJ's Public Works Department shall he responsible for
overseeing, administering and implementing this Agreement. The COJ shall by subsequent
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AGENDA ITEM 8E
MAY 22, 2006
written notice advise the COAB of the contact person in the Public Works Department.
~. 8. AccountinglReport. The COAB shall provide the Public Works Department and the
Council Auditor with a full accounting/report. Such accounting/report shall be in a form
approved by the Council Auditor and shall include, but not be limited to, copies of all invoices
~+ and checks. Such accounting/report shall be submitted within thirty (30) days after the day and
year first above written and shall continue at thirty (30) day intervals until the funds are spent in
their entirety.
9. Returned Unspent COJ Funds. Any unspent funds from the $48,000.00 contribution,
in the possession of the COAB, on September 30, 2007 shall be immediately returned to the COJ.
'" Any funds, that are unspent, and which are still being held by the COJ on September 30, 2007
shall lapse.
10. Maximum Indebtedness. The COJ shall be indebted under this Agreement to the
maximum amount of FORTY=EIGHT THOUSAND Al~~ 00/100 DOLLARS ($48,000.00).
11. Indemnification.
11.01. The COAB shall hold harmless, indemnify, and defend the COJ, including
'"" without limitation, its officers, directors, members, representatives, affiliates, agents and
employees, successors and assigns against any and all claims, suits, demands, judgments,
losses, costs, fines, penalties, damages, liabilities and expenses (including all costs for
"~ investigation and defense thereof including, but not limited to, court costs, reasonable
expert witness fees and attorney fees) which may be incurred by, charged to or recovered
from and against any of the following arising directly or indirectly out of any of the
COAB's operations, work or services performed in connection with this Agreement
including, but not limited to:
11.01.01. Any and all claims for damages as a result of the injury to or death
of any person or persons, or damage to or destruction of any property which arises
,~, as a result of any negligence act or omission on the part of the COAB, its agents,
affiliates or assigns, regardless of where the damage, injury or death occurred; or
arising out of the failure of the COAB's to keep, observe or perform any of its
,,,,,~, obligations under this Agreement or in any other document or instrument
delivered by the COAB pursuant to this Agreement.
~,,, 11.01.02. Any and all claims, suits, demands, judgments, losses, costs, fines,
penalties, damages, liabilities and expenses (including all costs of cleanup,
contaimnent or other remediation, and all costs for investigation and defense
thereof including, but not limited to, court costs, reasonable expert witness fees
and attorney fees) arising from or in connection with (a) the COAB's, including,
but not limited to, its agents, affiliates or assigns ("Parties"), actions or activities
*~ that result in a violation on any envirommental law, ordinance, rule, or regulation
or that leads to an environmental, claim or citation or to damages due to the
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A(~L:NUA 1'1'r;M SE
MAY 22, 2006
COAB's or other Parties' activities, (b) any environmental, health and safety
liabilities arising out of or relating to the operation or other activities perfornled in
connection with this Agreement by the COAB or any Party at any time on or prior
to the Effective Date, or (c) any bodily injury (including illness, disability and
death, regardless of when any such bodily injury occurred, was incurred or
~* manifested itself), personal injury, property damage (including trespass, nuisance,
wrongful eviction and deprivation of the use of real property) or other damage of
or to any person in any way arising from or allegedly arising from any hazardous
*" activity conducted by the COAB or any Party. The COJ will be entitled to control
any remedial action, any proceeding relating to an environmental claim.
11.01.03. Any and all claims, suits, demands, judgments, losses, costs, fines,
penalties, damages, liabilities and expenses (including all costs for investigation
and defense thereof including, but not limited to, court costs, reasonable expert
witness fees and attorney fees) arising from or based upon the violation of any
federal, state, or municipal laws, statute's, resolutions, or regulation, by the
COAB or those under their control.
11.01.04. Any and all claims, suits, demands, judgments, losses, costs, fines,
penalties, damages, liabilities and expenses (including all costs for investigation
~"' and defense thereof including, but not limited to, court costs, reasonable expert
witness fees and attorney fees) which maybe incurred by, charged to or recovered
from any of the foregoing, arising directly or indirectly out of (a) any breach of
any representation or warranty made by the COAB in connection with this
Agreement or in any certificate, document, writing or other instrument delivered
by the COAB pursuant to this Agreement or (b) any breach of any covenant or
obligation of the COAB set forth in this Agreement or any other any certificate,
document, writing or other instrument delivered by the COAB pursuant to this
Agreement.
11.02. The indemnifications contained in Section 11.01, above, are separate and apart
:w. from, and is in no way limited by, any insurance provided pursuant to this Agreement or
otherwise. This Section 11, relating to Indemnification shall survive the tern? of this
Agreement, and any holdover and/or contract extensions thereto, whether such term
~„ expires naturally by the passage of time or is terminated earlier pursuant to the provisions
of this Agreement.
,,~, 11.03. The indemnifications given by COAB are subject to the provisions and limitations
of Section 768.28, Florida Statutes, and shall not be construed as, and is not, a further
waiver of COAB's sovereign immunity beyond the limited legislative waiver thereof in
~. Section 768.28, Florida Statutes.
12. COAB Operations. The COAB shall, at no additional cost or expense to the COJ,
~. operate and maintain the Premises as a public street and right-of--way and such Premises shall be
open and available to all residents and visitors to the COJ, with no discrimination on the basis of
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At~LPIllA 11'EM 8E
~""' MAY 22, 2006
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race, creed, color, sex, religion, national origin, marital status, age, disability or residence.
13. COAB Responsibilities. The COAB shall be solely responsible for all maintenance and
repairs to the Project at no additional cost to the COJ including, but not limited to:
(a) The COAB shall maintain and keep the Project in good repair and shall provide
all required maintenance and repair of whatsoever kind of nature.
~'" (b) The COAB shall without limiting its liability hereunder, agrees to procure, keep
and maintain adequate insurance types, including, but not limited to fire insurance, and in
coverage amounts, as required by the COJ's Risk Management Division. During the
~' construction term, the COAB shall require any contractor to carry and maintain all risk builders'
risk insurance equal to the replacement cost value of the project which at no time will be less than
the contribution as defined in Section 10 of this Agreement, naming the COJ as an additional
~"" insured. Upon completion of construction, the COAB will maintain all risk property insurance at
replacement cost value, which at no time will 'oe less Than th° c~ntril:ution as defined in Section
10 of this Agreement.
14. Non-Waiver. The waiver, by either party, of any breach of this Agreement, by the other
party, shall not be construed as a waiver of any subsequent breach of duty or covenant imposed
'"~ by this Agreement.
15. Right of Entry. The COJ, at reasonable times, has the right to enter into and upon the
Premises for the purposes of viewing the same and for the purpose of verifying compliance by the
COAB of its obligations under this Agreement.
16. COAB Default. If the COAB shall neglect or fail to perform or observe any requirement
or violate any provision of this Agreement and such default shall continue for a period of thirty
„~, (30) days after written notice thereof is given by the COJ to the COAB, then the COJ may,
immediately, or at any time thereafter, and without further notice or demand, terminate this
Agreement without prejudice to any remedy which might otherwise be used by the COJ to
~„ recover for any breach of the COAB's covenants herein contained. Should this Agreement be
terminated as a result of the COAB's breach of Section 3, of this Agreement, then, and in such
event, the COAB must refund and return all funds provided by the COJ. Such refund and return
,~„ shall be made within fifteen (15) days after notice and request for refund, by the COJ.
17. Taxes/Insurance Premiums. The COAB shall pay all real estate taxes, if any, and other
~, taxes, if any, and fire insurance premiums on the Premises. COAB shall not be liable to carry fire
insurance on the person or property of the COJ or any other person or property which may now or
hereafter be placed in the Premises.
18. Notices. All notices, as required under this Agreement shall be by certified mail return
receipt requested:
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As to the COJ: As to the COAB:
Edgar Hall, P. E. Timmy Johnson
220 East Bay Street 716 Ocean Boulevard
Jacksonville, FL 32202 Atlantic Beach, FL 32233
e-~v aY1~Lt1 11 Gril aIi
MAY 22, 2006
19. Termination for Convenience. The COJ shall have the absolute right to terminate this
Agreement without cause upon giving sixty (60) days advance written notice to the COAB. In the
event that this Agreement is terminated for convenience, the COAB shall return, to the COJ, all
unspent funds, provided under this Agreement, and received by the COAB.
20. Actions of Mayor and Corporation Secretary. The Mayor and Corporation Secretary
shall have the authority to terminate this Agreement under any circumstances in which the COJ
has a legal right to terminate this Agreement in accordance with the provisions hereof.
- 21. - Construction of Agreement Terms. The ~a.rties ag!-ee that tYrPy Have had meaningful
discussion and/or negotiations of the provisions, terms and conditions contained in this
"" Agreement. Therefore, doubtful or ambiguous provisions, if any, contained in this Agreement,
shall not be construed against the party who physically prepared this Agreement. The rule
commonly known as "Fortius Contra Proferentium " shall not be applied to this Agreement or
~" any interpretation thereof.
22. Entire Agreement. This Agreement represents the entire agreement by and between the
"' parties concerning the receipt and expenditures of the funds specified herein. No agreement,
statement, representation, course of action or course of statement, representation, course of action
or course of conduct by either of the parties hereto, or by their authorized representatives, shall be
binding if it is not in writing and contained in this Agreement. This Agreement may be amended
by written instrument signed by the parties or their lawfully authorized representatives.
23. Severability. If any section, paragraph, sentence or other part of this Agreement is
declared to be unenforceable or unlawful by a court of competent jurisdiction, then, in such event,
such section, paragraph, sentence or other part shall be severed from this Agreement and shall not
affect other terms and conditions herein.
24. Section/Paragraph Headings. Al] section/paragraph headings herein are provided for
convenience only and shall not be used in the interpretation or construction of the Agreement.
~„ 25. Exhibits. All exhibits which are attached hereto and which are specifically and expressly
reference in the text of this Agreement, are incorporated into this Agreement as if fully set forth
herein.
26. Governing Law/Venue. This Agreement shall be governed by the law of the State of
Florida. Venue for litigation of this Agreement shall be in a court of competent jurisdiction in
~. Jacksonville, Florida.
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At~~;tvliA 1'1'LM 8E
MAY 22, 2006
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27. Survival of Provisions. The provisions of Sections 8, 11, 12, and 13 shall survive the
ternlination of this Agreement.
IN WITNESS WHEREOF, the parties, by and through their lawfully authorized representatives
have executed this Agreement on the day and year first above written.
ATTEST: CITY OF JACKSONVILLE
By:
Neill W. McArthur, Jr.,
~" Corporation Secretary
ATTEST:
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Director of Administration and Finance,
City of Jacksonville
Form Approved:
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Office eneral Counsel
G:\G v't perations\WCrowe\Public Works\COAI3 Walkover~atlantic beach interlocal agreement.031706A.doc
Page 7 of 8
>~y:
By:
John Peyton, Mayor,
CITY OF ATLANTIC BEACH
Donna L. Bussey, City Clerk Donald M. Wolfson, Mayor
In compliance with the Charter of the COJ 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.
ew
AIL' 1VLA 111'.1V1 2f r.
MAY 22, 2006
STATE OF FLORIDA )
)55. _ ..
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this day of 2006,
by John Peyton and Neill W. McArthur, Jr., the Mayor and Corporation Secretary respectively, of
the City of Jacksonville, a municipal corporation in Duval County, Florida.
Such persons: (notary must check applicable box)
^ are personally known to me; or
^ produced a current driver's license as identification; or
^ produced as identification
NOTARY PUBLIC
(Sign)
(Print)
My Commission expires:
(NOTARIAL SEAL)
STATE OF FLORIDA )
)ss.
COUNTY OF DUVAL)
~" The foregoing instrument was acknowledged before me this day of 2006,
by Donald M. Wolfson and Donna L. Bussey, the Mayor and City Clerk respectively, of the City
of Atlantic Beach, a municipal corporation in Duval County, Florida.
Such persons: (notary must check applicable box)
'"" ^ are personally lazown to me; or
^ produced a current driver's license as identification; or
^ produced as identification
(Sign)
(Print)
~'" NOTARY PUBLIC
My Commission expires:
(NOTARIAL SEAL)
Page S of 8
3rd St Beach Access
~XHlLil'1' A
Page 1 of 4
AGENDA ITEM 8E
MAY 22, 2006
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EXHIBIT A
T Der, .-. /I ..F /i
AGENDA ITEM 8E
MAY 22, 2006
Dune Walkover Opinion Porm
Attn: Mr. Timmy Johnson
Parks Dept.
City of Atlantic Beach
With regard to the construction of a dune walkover at the Third Street Bench Access:
Please check one of the following.
I approve [ ~
I disapprove ( ~
I have no opinion [
Comments:
Signatures (optional )
Address: (required)