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Adele Grage Community Center Contract v OFFICE OF GENERAL COUNSEL RICHARD A.MULLANEY CITY OF JACKSONVILLE CINDY A.LAQUIDARA GENERAL COUNSEL CHIEF DEPUTY GENERAL COUNSEL MICHAEL J.ARINGTON ERNST D.MUELLER TRACEY I.ARPEN,JR. i O k L� DOUGLASS E.MYERS,JR. CHRISTIAN E.BLALOCK '�' _Qi . LEE S.CARLIN ;,t, -''y`��` VIRGINIA B.NORTON KAREN M.CHASTAIN U `' to BRUCE D.PAGE \ GAYLE PETRIE DERREL Q.CHATMON .: LASHANDA R.DAWKINS JON R.PHILLIPS STEPHEN J.POWELL BRENDA B.EZELL GREGORY K.RADLINSKI TIMOTHY S.FRANKLIN CITY HALL,ST.JAMES BUILDING ALAN K.RAGAN LOREE L.FRENCH STEVEN E.ROHAN JOHN F.GERMANY,JR. 117 WEST DUVAL STREET,SUITE 480 MARGARET M.SIDMAN SUZANNE S.HOWARD JACKSONVILLE,FLORIDA 32202 WENDY L STEINER ANDREW K.KANTOR SCOTT D.MAKAR EDWARD C.TANNEN HOWARD M.MALTz JASON R.TEAL MICHAEL B.WEDNER NEILL W.MCARTHUR,JR. ANTHONY B.ZEBOUNI JULIANA R.MCFARLAND January 15, 2004 Jeri Benjamin City of Atlantic Beach City Hall 800 Seminole Road Atlantic Beach, Florida 32233 Re: Adele Grage Community Center- Contract Dear Jeri: Enclosed is a copy of the fully executed contract for the above-referenced matter. If you have any questions,comments or further instructions,please do not hesitate to contact the undersigned. Very truly yours, Virginia Baker Norton Assistant General Counsel VBN/jbs • Enclosure Office Telephone Writer's Direct Line Facsimile Writer's E-Mail Address Office Web Site (904)630-1700 (904)630-1841 (904)630-1731 VNorton@coj.net GeneralCounsel.coj.com AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND CITY OF ATLANTIC BEACH THIS AGREEMENT (AGREEMENT), is made and entered into this L? ay of � , 2001 by and between the CITY OF JACKSONVILLE, a municipal corporation in'the State of Florida (City) and the CITY OF ATLANTIC BEACH, a municipal corporation in the State of Florida (Recipient). WITNESSETH: WHEREAS, the City has made certain funds available to Recipient to contribute to certain renovations at Adele Grage Community Center, 716 Ocean Blvd, Atlantic Beach, Florida 32233, which is the property of the City of Atlantic Beach, a description of such certain renovations (renovations) is attached hereto as Exhibit A and made a part hereof; and WHEREAS, such renovations contribution, in the amount of $50,000.00, is appropriated from Better Jacksonville Plan Bond Fund District 3; and WHEREAS, it is in the City's best interest to contribute to such renovations so that the community's residents may have a safe, diverse and wholesome recreational environment; and WHEREAS, there is a public and municipal purpose to the City's contribution of $50,000.00; NOW THEREFORE, in consideration for 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 and effect for the useful life of the renovations to the Adele Grage Community Center, unless terminated earlier as provided in this Agreement. 3. Assistance with Funding Renovations. The City shall assist Recipient in the funding of renovations, as more particularly described in Exhibit A. The City shall contribute a total amount of $50,000.00 (contribution) for such renovations. The City will not maintain or support such renovations at such site. 4. Renovations. Recipient shall perform as to the standards and guidelines as established in Exhibit A. 5. Payment on Reimbursement Basis. The City's contribution for renovations, pursuant to this Agreement, shall be on a cost for reimbursement basis. Such payment will be made within seven (7) days of Recipient's submittal to the City of documentation, including bills, invoices and other documents satisfactory to the City's General Accounting Division, to justify withdrawal or reimbursement payment to the Recipient. 6. Recipient Compliance. Recipient shall comply with all federal, state and local laws, rules, regulations and ordinances. 7. City Representative. The City's Parks, Recreation and Entertainment Department, in conjunction with the Department of Public Works, shall be responsible for overseeing, administering and implementing this Agreement. The City shall by subsequent written notice advise Recipient of the contact person in the Parks, Recreation and Entertainment Department. 8. Accounting/Report. Recipient shall provide the Parks, Recreation and Entertainment Department and the Council Auditor with a full accounting/report. Such accounting/report shall be on 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 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. Maximum Indebtedness. The City shall be indebted to the maximum amount of$50,000.00. The Recipient shall be responsible for any and all costs in excess of $50,000.00. 10. Indemnification. Recipient shall hold harmless, indemnify and defend the City, its officers, employees and elected officials against any claim, action, loss, damage, injury, liability, cost and expense, of whatever kind or nature (including, but not by way of limitation attorneys fees, expert witness fees and court costs) arising out of injury(whether mental or corporeal) to persons, including death, or damage to property, arising out of or incidental to any negligent act or omission of the Recipient in its performance under this Agreement. 11. Recipient Operations. Recipient shall, at no additional cost or expense to the City, operate and maintain the Premises as a public park for recreational purposes and such premises shall be open and available to all residents and visitors to the City, with no discrimination on the basis of race, creed, color, sex, religion, national origin, marital status, age, disability or residence. 2 12. Recipient Responsibilities. Recipient shall be solely responsible for all maintenance and repairs to the Premises at no additional cost to the City including, but not limited to: (a) Recipient shall maintain and keep the Premises in good repair and shall provide all maintenance and repair of whatsoever kind of nature, mowing, yard upkeep, litter, trash and garbage pickup and disposal, and general park and building supervision. (b) Recipient shall promptly pay and be responsible for all gas, water, sewer, power and electric, rates or other charges which may become due and payable during the term of this Agreement for any gas, water sewer service, power and electricity used on the Premises. 13. Recipient Insurance Requirements. Recipient will maintain a public liability self-insurance program as defined by Section 768.28, Florida Statutes. During the construction term, Recipient will require 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 3 of this Agreement, naming the City as an additional insured. Upon completion, Recipient will maintain all risk property insurance at replacement cost value, which at no time will be less than the contribution as defined in Section 3 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 City, 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 having Recipient make any such repairs as Recipient is required to make under the terms of this Agreement. 16. City Breach. Except as otherwise provided in this Agreement, if the City shall neglect or fail to perform or observe any requirement or violate any provision of this Agreement and such breach shall continue for a period of thirty days after written notice thereof is given by the Recipient to City, then Recipient lawfully may immediately, or at any time thereafter and without further notice or demand, enter into and upon the Premises, or any part thereof, and repossess the same as of its former estate and expel the City and remove its effects forcefully, if necessary, without being taken or deemed to be guilty of any manner of trespass and thereupon this Agreement shall terminate, but without prejudice to any remedy which might otherwise be used by the Recipient to recover any breach of City's covenants herein contained. 3 17. Recipient Breach. If the Recipient shall neglect or fail to perform or observe any requirement or violate any provision of this Agreement and such breach shall continue for a period of 30 days after written notice thereof is given by the City to the Recipient, then the City lawfully may, immediately, or at any time thereafter, and without further notice or demand, remove all City property and terminate this Agreement without prejudice to any remedy which might otherwise be used by the City to recover for any breach of Recipient's covenants herein contained. 18. Insurance Premiums. The Recipient shall pay all fire insurance premiums on the Premises. Recipient shall not be liable to carry fire insurance on the person or property of the City or any other person or property, which may now or hereafter be placed in the Premises. 19. Notices. All notices, as required under this Agreement shall be by certified mail return receipt requested: As to the City: As to the Recipient: Robert W. Baughman Jim Hanson Interim Director City of Atlantic Beach Parks, Recreation, and Entertainment City Manager 801 North Market Street 800 Seminole Road Jacksonville, Florida 32202 Atlantic Beach, FL 32233 20. Termination for Convenience. The City shall have the absolute right to terminate this Agreement without cause upon giving sixty (60) days advance written notice to the Recipient. 21. 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 City has a legal right to terminate this Agreement in accordance with the provisions hereof. 22. Construction. The parties agree that they 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 referred to, as Fortius Contra Proferentium shall not be applied to this Agreement or any interpretation thereof. 23. 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 4 Agreement. This Agreement may be amended by written instrument signed by the parties or their lawfully authorized representatives. 24. 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. 25. Section/Paragraph Headings. All section/paragraph headings herein are provided for convenience only and shall not be used in the interpretation or construction of the Agreement. 26. Governing LawNenue. 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. 27. Construction Inspection. The Recipient shall perform project construction inspections for compliance with State of Florida land development requirements and permits. 28. Time of the Essence. Time is of the essence with regard to the completion of the 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. A ST: CITY OF JACKSONVILLE By: / 1 . C ©. By: tr W. McArthur, Jr. O ohn Peyton, Mayor A. Westbrook Corporation Secretary 44 --s. • Interim Chief Operating Officer sV TAO? Mz,vor John Peyton ATTEST: - pity of • t - n is Beach Under Authority of imi1'Ie ` • Executive Order No. 03-10 �.• �� '�. �C./tAit- e By: r� h . Signature •=�i = - /14 /2t 6N 7<I/4 ta ERVE Type/Print Name Type/Print ame 17/ C LMAYOR Title Title 5 In compliance with the Charter of the City 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. irector of Fina Form Approved: v ,1 1 stant Genera 'ounsel GIGO I O'P-EERRATIONS\NORTONIPARKS&RECWDELE106.WPD 6 EXUJI3IT A Project Scope This proposal is for the design of a new community center to be located at 716 Ocean Boulevard, Atlantic Beach, Florida, The Architect will present a design solution to the Owner for review and acceptance. The Architect will develop the design scheme and submit for owner review at various stages of the construction drawings and specifications. The document will include Typical Area Site Plan, Building Area Floor Plan, Demolition Plan(s), Details and Elevations, Tho following represents the scope of services for the development of building design drawings in sufficient detail to allow an accurate estimate of all components of this project: SITE DESIGN: Site Inventory and Analysis - Review existing survey and geotechnical data - Review site drainage and topography information made available by the City of Atlantic Beach or the surveyor of record - Adaptation of utility connections to building - Adaptation of surface water management & drainage (site grading) - Design and detailing of miscellaneous pathways and apron area - Consider pedestrian and vehicular linkages to and from this proposed facility - Consider views to and.from this facility - Detail tree and shrub planting - Indication of plant removal and relocation - Selection and specification of plant materials BUILDING DESIGN: Programming - Meet with City of Atlantic Beach personnel ^o develop and detail space and functional requirements for each space within the building. This includes criteria for finishes, power, lighting, communications, plumbing, HVAC, fire protection, storage, fixed.equipment, etc. - Develop flow and adjacency among spaces to assist in building layout - Establish applicable building code requirements for this project Architectural Design - Develop Building Program • - Dimensioned floor plan indicating spaces, doors, fxed equipment, structural.elements anc; furnishings - Exterior ovations i; clicating-rrlateriais heights, doors, windows - Wall sections indicating detailed construction of floor, wall and roof EXHIBIT A - Interior wall sections - Detail plans of toilet rooms - Finish schedule indicating floor, base, wall and ceiling finishes - Door schedule indicating size, type, fire rating of doors - Roof Plan indicating materials, slope, drainage, and roof penetrations (vent stacks, roof mounts, etc.) Structural Design - Foundation design - Typical Footings - Design of structural frame and/or columns; sizing of major structural members - Wind load calculations - Design of roof structures and decking - Design of equipment supports as needed Mechanical Design - Energy code Analysis of building - Design of HVAC systems to include selection and location of major equipment, and diagram of distribution systems Electrical Design - Design of service to building - Design of distribution systems within the building - Lighting fixture plan • - Site lighting plan • - Location of communications and data equipment - Location of telephone outlets Plumbing Design • - Fixture requirement calculations - Layout of potable water, sanitary systems, toilet rooms, sinks, etc. • - Roof drainage calculations, size and location of leaders Fire Protection - Life Safety Analysis - Review with agencies having jurisdiction - Location.end size of fire risers in building if necessary - Performance specification for sprinkler design if necessary Specifications - Identify and specify major materials and systems to be utilized in the building and establishes level of quality for systems