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Item 3D- Safe Routes to SchoolsCITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM 3 0 SEPTEMBER 12, 2 016 AGENDA ITEM: Safe R o utes Lo Schools (a.k.a . The ShetTy Drive Safety Walks Sidewalk) Project Commitment DATE : SUBMITTED BY : August30,2016 fLAil/~ Donald D. Jacobov itz, P.E., Public Works Dl~;c~-- BACKGROUND : The City held a Town Hall Meeting on August 27111 to di scuss the Safe Routes to School Project. During the discussions that day, a consensus was met among the Commission members to s upport the project and to select the path a long the east side of Seminole Road and Sherry Drive. Public Works s taffwill work with the designer to ensure that every possible action wi ll be taken to take safety and res ident concerns into consideratio n whi le developing 60% p lans. Public Works Staff will share the 60% plans with interes ted residents and Commission members prior to allowing the designer to progress to final p lan completion. BUDGET : FOOT has budgeted $687,000 for design, cons tru ct ion and construction support effotts. RECOMMENDATIONS: Authorize the Pub li c Works Director to direct the project engineer to co ntinue to the 60% plans completion s tage with the path on the cast si de of Sherry Drive and Seminole Road addressing the various confl icts along the pa th. ATTACHMENTS: 1. Memorandum of Agreement between the City of A tla n tic Beach and the Jacksonvi ll e Transportation Authority for the Sheny Drive Safety Walks Sidewalk Project REVIEWED BY CITY MANAGER: ~ t/~ rZ£u L .r MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE JACKSONVILLE TRANSPORTATION AUTHORITY FOR THE SHERRY DRIVE SAFETY WALKS SIDEWALK PROJECT AGENDA ITEM 30 SEPTEMBER 12, 2016 The Memorandum of Agreement (this "Agreement") is made as of , 2016, by and between the JACKSONVILLE TRANSPORTATION AUTHORITY, a body politic and corporate and an agency of the State of Florida created pursuant to Part II, Chapter 349, Florida Statutes, whose primary business address is 121 West Forsyth Street, Suite 200, Jacksonville, FL 32202 (the "JTA") and the CITY OF ATLANTIC _._BEACH~ 1a Florida munici~al corporation whose primary business address is 8/JO Semmo /.e, KtJ JtH~ 0t.Jl; ~L. .?2.2.33 (the "City"). The JTA and the City may hereinafter be ,. :J referred to singularly as a "Party" or collectively as "Parties." WITNESSETH WHEREAS, it is in the interest of the City and JTA to work together to address mobility in the City and to combine efforts to more cost effectively provide mobility options for the citizens of the City and of Northeast Florida; and WHEREAS, JTA is engaged in the business of addressing mobility in Northeast Florida and has delivered numerous transportation projects in Duval County and presently desires to construct a sidewalk along Sherry Drive and Seminole Road, from Ahern Street to 17th Street, as well as minor drainage and miscellaneous improvements which may impact landscaping, mailboxes and utilities along Sherry Drive and Seminole Road within City right-of-way (the Project"); and WHEREAS, The City desires to have JTA construct the Project; and NOW, THEREFORE, in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree ·as follows: 1. Recitals. The recitals above are true and correct and incorporated herein by this reference. 2. Obligations of the City. The City agrees to: a. Lead and direct all public involvement efforts for the Project, including meeting with the City Commission, and conducting a public meeting to present Project objectives and address public questions and concerns. b. Accept ownership and maintenance responsibilities for the Project. 3. Obligation of the JT A. The JTA agrees to: a. Administer the Project. b. Keep the City advised of the progress of the Project design and coordinate with the City all known public concerns with the Project. 4. Miscellaneous. a. Entire Agreement. This Agreement fully and completely expresses the agreement of the Parties with respect to the matters contained herein and shall not be modified or further amended except by written agreement executed by Page 1 of3 AGENDA ITEM 3D SEPTEMBER 12, 2016 each of the Parties hereto. Any and all riders and exhibits attached to this Agreement are made part of this Agreement for all purposes. b. No Waiver. No provision of this Agreement shall be deemed to have been waived by JTA or City unless such waiver be in writing signed by the waiving Party and addressed to the other Party, nor shall any custom or practice which may grow up between the Parties in the administration of the provisions hereof be construed to waive or lessen the right of JTA or City to insist upon the performance by the other Party in strict accordance with the terms hereof. c. Successors and Assigns. The terms, provisions, covenants, and conditions contained in this Agreement shall apply to, inure to the benefit of, and be binding upon the Parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. ·d. Partial Invalidity. If any terms of this Agreement, or the application of the term to any person or circumstance is, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term to persons or circumstances other than those as to which the term is held invalid or unenforceable, will not be affected by the application, and each term of this Agreement will be valid and will be enforced to the fullest extent permitted by law. e. Further Assurances. The Parties agree to execute and deliver such other documents and instruments as may be reasonably required to effectuate the purposes of this Agreement. (Signature Page Follows) Page 2 of3 AGENDA ITEM 3D SEPTEMBER 12, 2016 IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS Agreement to be effective as of the date first set forth above., CITY OF ATLANTIC BEACH ·~_;;;-~ 1< ~~~~~~~=u~n By: Mitchell E. Reeves, Mayor AJ~ .J)jtnt& JACKSONVILLE TRANSPORTATION AUTHORITY Printed name: })tJnna L, Ylflrlle By: Nathaniel P. Ford Sr., CEO Printed name: _________ _ Printed name:---------- Form Approved: Form Approved: JTA Legal City General Counsel Page 3 of 3 AGENDA ITEM 30 SEPTEMBER 12, 2016 IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS Agreement to be effective as of the date first set forth above. Witnesses: CITY OF ATLANTIC BEACH Printed name: _________ _ By: Mitchell E. Reeves, Mayor JACKSONVILLE TRANSPORTATION AUTHORITY Printed name:---------- By: Nathaniel P. Ford Sr., CEO Printed name: _________ _ Printed name:----:-------- Form Approved: JTA Legal Page 3 of 3 II I' II I' il !I II ~ !l ,,