Tipping Fee Dispute Settlement OFFICE OF GENERAL COUNSEL
JASON R.GABRIEL* CITY OF JACKSONVILLE DERREL Q.CHATMON
GENERAL COUNSEL CHIEF DEPUTY GENERAL COUNSEL
"-SN.C.ks
REBA A.ABRAHAM a0 a RITA M.MAIRS
� 'r}•� t JAMES R.MCCAIN,JR.OA ASHLEY B.BENSON "
•._Sv�;
I N -��r WENDY L.MUMMAW
JODY L.BROOKS
WILLIAM B.BURKETT '� ---° -— KELLY H.PAPA
WENDY E.BYNDLOSS7,.- / GAYLE PETRIE
DAVID J.D'AGATA RI3:? JON R.PHILLIPS
JULIA B.DAVIS ---- STEPHEN J.POWELL
WILLIAM W.DEEM TIFFINY DOUGLAS SAFI
CITY HALL,ST.JAMES BUILDING
STEPHEN M.DURDEN JOHN C.SAWYER,JR.
CRAIG D.FEISER 117 WEST DUVAL STREET,SUITE 480 CHERRY A.SHAW
LOREE L.FRENCH JACKSONVILLE,FLORIDA 32202 SANDRA P.STOCKWELL
CHRISTOPHER GARRETT MARGARET M.SIDMAN
SEAN B.GRANAT JASON R.TEAL
SUSAN C.GRANDIN ADINA TEODORESCU
KATY A.HARRIS MICHAEL B.WEDNER
LAWSIKIA J.HODGES GABY YOUNG
PAIGE HOBBS JOHNSTON
*BOARD CERTIFIED CITY,COUNTY
AND LOCAL GOVERNMENT LAW
March 19, 2015
Nelson Van Liere, City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Re: Interlocal Agreement Between
City of Jacksonville and City of Atlantic Beach
Tipping Fee Dispute Settlement
Dear Nelson:
Enclosed for your records is an original fully executed settlement and release agreement between
the parties. Also enclosed is a copy of the executed agreement that was recorded in the Duval County
Official Records.
Thank you for your efforts toward the successful resolution of this matter.
Sincerel
oree L. French
Sr. Assistant General Counsel
LLF/ksg
Enclosure
cc: Richard Komando, Esq. (via e-mail only)
Office Telephone Writer's Direct Line Facsimile Writer's E-Mail Address Office Web Site
(904)630-1700 (904)630-1817 (904)630-1316 LFrench @coj.net GeneralCounsel.coj.com
RELEASE AND SETTLEMENT AGREEMENT
This Release and Settlement Agreement ("Agreement") is entered into between the
following parties ("the Parties"): the CITY OF JACKSONVILLE ("Jacksonville") and the CITY
OF ATLANTIC BEACH ("Atlantic Beach"), both political subdivisions of the State of Florida.
RECITALS
WHEREAS, in 1995, the Parties entered into an agreement to amend the 1982 Interlocal
Agreement; and
WHEREAS, the 1982 Interlocal Agreement and the 1995 Amendment shall continue in
effect until a new Interlocal Agreement is entered into between the Parties; and
WHEREAS, the Parties agreed previously that if Jacksonville imposed a uniform solid
waste processing and disposal fee ("uniform fee") against residential premises, Atlantic Beach
would be required to pay solid waste processing and disposal fees ("tipping fees"); and
WHEREAS, the Parties disputed until this time, whether or not a uniform fee was
imposed; and
WHEREAS,the Parties want to resolve their differences and reach an end and settlement
for all existing disputes between them relating to the claims of tipping fees; and
WHEREAS, Jacksonville claims past due residential and sludge tipping fees are owed;
and
WHEREAS, Atlantic Beach has been paying the required portion of commercial tipping
fees.
Release and Settlement Agreement
City of Jacksonville and City of Atlantic Beach
Page 1
AGREEMENT
NOW THEREFORE, in consideration of the foregoing, with the following agreements,
the receipt and sufficiency of which is hereby acknowledged, the Parties hereto covenant and
agree as follows:
1. The Parties represent and warrant to each other the accuracy of the foregoing recitals,
which are incorporated by reference herein.
2. This Agreement constitutes a settlement and release of all disputed claims relating to
tipping fees and is being entered into to avoid litigating those claims. No Party to this
Agreement admits any liability to the other Party with respect to any such claim or any
other matter. Therefore, this Agreement is not to be and shall never be construed or
deemed an admission or concession by any of the Parties hereto of liability or culpability
at any time for any purpose concerning any claims being settled and released, or any
other matter.
3. The Parties agree that Jacksonville has imposed a uniform solid waste processing and
disposal fee, and paragraph (2-A) of the 1982 Interlocal Agreement is terminated.
4. Atlantic Beach shall pay Jacksonville, within sixty days of the effective date of this
Agreement, $322,709 for past due residential and sludge tipping fees from October 1,
2011 to May 31, 2014.
5. Beginning June 1, 2014, Atlantic Beach shall pay residential, commercial, and other
applicable tipping fees.
Release and Settlement Agreement
City of Jacksonville and City of Atlantic Beach
Page 2
6. Paragraph 4 of the 1995 Amendment is amended, and there is no longer any free landfill
disposal of garbage and refuse for waste generators located within Atlantic Beach.
7. The Parties agree that sludge tipping fees include service to citizens of both Jacksonville
and Atlantic Beach. Understanding the practical difficulties in determining what portion
of sludge is attributable to each city, the Parties agree that beginning June 1, 2014,
Atlantic Beach shall pay one-half, or fifty percent (50%), of the sludge tipping fees. All
sludge tipping fees owed from June 1, 2014 that remain unpaid prior to the effective date
of this Agreement shall be paid to Jacksonville within sixty days of the effective date of
this Agreement.
8. The Parties acknowledge that similar disputes are not yet resolved with respect to
claimed tipping fees by Jacksonville for the City of Neptune Beach ("Neptune Beach").
The Parties agree that if or when the tipping fees disputes are resolved with Neptune
Beach, if any category of tipping fees (e.g. residential, commercial or sludge) is less than
the rate offered in this Agreement, Jacksonville shall reimburse Atlantic Beach the actual
difference between the rates.
9. Jacksonville has paid past due yard waste tipping fees owed to Advanced Disposal
Services Jacksonville, LLC for the time period of October 2011 through September 2012
for Atlantic Beach yard waste.
Release and Settlement Agreement
City of Jacksonville and City of Atlantic Beach
Page 3
10. This Agreement may be executed in counterparts with each such counterpart being
considered an original. In addition, a facsimile or scanned and emailed copy of a Party's
signed Agreement shall be effective as an original.
11. If any part of this Agreement is found to violate the law, then that part shall be stricken
with the remainder of this Agreement to survive intact, if practicable, provided that the
rights and obligations of the Parties are not materially prejudiced, that the intentions of
the Parties can continue, and that no provision stricken is the essence of the Agreement.
12. This Agreement shall be construed and enforced pursuant to the law of the State of
Florida. With respect to any dispute arising out of or related to the Agreement, each
Party subjects itself to the exclusive jurisdiction of the Court in Florida and likewise
agrees the exclusive venue shall be the state courts in Duval County, Florida.
13. The language of this Agreement shall be construed as a whole, according to its fair
meaning and intention, and not strictly for or against any Party, regardless of who drafted
or was principally responsible for drafting the Agreement or any specific term or
condition hereof. This Agreement shall be deemed to have been drafted by all Parties.
14. Each Party warrants that no promise, inducement, or agreement not expressed herein has
been made in connection with this Agreement. This Agreement constitutes the entire
agreement between the Parties and supersedes and replaces all prior negotiations or
proposed agreements, written or oral.
15. The Parties represent and warrant to each other that they are duly authorized by the
respective governments of Jacksonville and Atlantic Beach to sign this Agreement and
Release and Settlement Agreement
City of Jacksonville and City of Atlantic Beach
Page 4
that neither Party sold, pledged, hypothecated, assigned or transferred any of the claims
released within this Agreement.
16. Each Party shall bear its own costs and attorney fees incurred in connection with this
Agreement and the above-referenced cause, and each Party waives the right to make a
claim against the other for such costs, attorney fees or any other expenses associated with
the matters being settled herein.
17. This Agreement shall inure to the benefit of and shall be binding upon each of the Parties
herein and its respective agents, representatives, executors, administrators, trustees,
personal representatives, partners, directors, officers, shareholders, agents, attorneys,
insurers, employees, representatives, predecessors, successors, heirs and assigns.
18. The provisions herein are not intended for the benefit of any other third party, but solely
for the Parties to this Agreement.
19. The effective date of this Agreement shall be on the last date in which this Agreement is
signed by the Parties.
Release and Settlement Agreement
City of Jacksonville and City of Atlantic Beach
Page 5
The Parties by their respective signatures below hereby execute this Agreement and agree
to be bound by the same.
CITY OF JACKSONVILLE
a Florida political subdivision, by,
Signed, sealed and delivered
in the presence of: /
Office o al Counse,_r---_ Alvin Brown, Mayor
Attest: %?u_ Date r
Jam- •' . McCain, ,
Co . . ation Secreta * 4 �;�
! \---.4740 ''''P
-. CITY OF ATLANTIC BEACH
a Florida political subdivision, by,
Signed, sealed and delivered
in the pr- ence of:
/1/11_1'-..... ......b I i
City Attorney Carolyn Woods CI yor
49. 474 Date: 3/9 A.5
Attest
Release and Settlement Agreement
City of Jacksonville and City of Atlantic Beach
Page 6