Agreement Between COJ and COAB for Improvements to Sherry Drive v •
AGREEMENT BETWEEN
THE CITY OF JACKSONVILLE
AND
CITY OF ATLANTIC BEACH
THIS AGREEMENT, made and entered into this N day of ' 3—,.�[ , 2000,
by and between the CITY OF JACKSONVILLE, a municipal corporation in Duval County,
hereinafter referred to as the"CITY", and CITY OF ATLANTIC BEACH, hereinafter referred to
as the "RECIPIENT".
WITNESSETH:
WHEREAS, the City of Jacksonville, in Ordinance 2000-77-E has appropriated for the
CITY's current fiscal year 1999/2000 the sum of Two Hundred Twenty-Five Thousand and no/100
Dollars ($225,000) to the RECIPIENT, to provide funding for the improvements to Sherry Drive;
and
WHEREAS, said Ordinance directed and authorized the Mayor(or his designee)to enter into
a contract with the RECIPIENT for the conduct of said project in accordance with the terms and
conditions as set forth herein; and
WHEREAS, the undersigned representatives of the RECIPIENT are authorized to execute
this Agreement binding said RECIPIENT;
NOW, THEREFORE, in consideration of the premises, the appropriation and disbursement
of funds by the City of Jacksonville now or hereafter made, and the mutual covenant herein, the
parties do hereby agree as follows:
1. The above stated recitals are true and correct and, by this reference, are made a part
hereof and are incorporated herein,
2. The"CITY" agrees to pay the RECIPIENT the total sum of Two Hundred Twenty-
Five Thousand and no/100 Dollars($225,000.00)in advance for improvements to Sherry Drive. Said
amount shall be the CITY's maximum indebtedness under this Agreement.
3. The RECIPIENT agrees to accept all or such part of the funds appropriated in
Ordinance 2000-77-E, in accordance with the terms of said appropriation ordinance and the terms
and provisions of Chapter 118, Ordinance Code. All terms and provisions of Chapter 118, Ordinance
Code are attached hereto as Exhibit"A" and by this reference are incorporated into this Agreement
as if they were set out herein in their entirety. These funds appropriated by the CITY to the
RECIPIENT satisfy all past, present and future obligations of the CITY for this project pursuant to
the Interlocal Agreement between the parties.
4. In addition to the terms and provisions of Chapter 118,Ordinance Code,RECIPIENT
shall provide the Department of Public Works/Engineering Division with a full accounting of project
revenues and expenses(including all documents relating to said revenues and expenses)within sixty
(60) days after the end of the project.
5. All unused funds shall be returned to the CITY within sixty(60) days of the project.
6. Any notice required to be given under this Agreement shall be by certified mail/return
receipt requested, or by hand delivery with a written receipt. Such notice shall be delivered to:
FOR THE CITY:
Ed Hall, , Division Chief
Engineering Division
220 East Bay Street, 9th Floor
Jacksonville, FL 32202
FOR THE RECIPIENT:
The RECIPIENT shall indemnify, save and hold the CITY harmless from any and all actions,
claims or liabilities arising from or out of the RECIPIENT's performance or lack of performance
under this Agreement. Should the CITY, as a result of the RECIPIENT's performance or lack
thereof, be required to reimburse any sums to any RECIPIENT,Federal or State, contributing funds
to this project, or should the CITY be required to expend CITY funds to complete or correct
performance ofthe RECIPIENT under this Agreement,the RECIPIENT will immediately refund and
reimburse the CITY for all sums so expended.
7. The RECIPIENT agrees to include the statement "This project or activity is funded
in whole or in part by the City of Jacksonville" or similar language agreed to in writing by both
parties when referencing that project.
2
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8. Any alterations,variations, modifications or waivers of provisions of this Agreement
shall only be valid when they have been reduced to writing, duly signed by both parties and attached
to the original of this Agreement. The parties agree to amend this Agreement if revision of any
applicable laws or regulations make changes in this Agreement necessary.
IN WITNESS WHEREOF,the parties,by and through their authorized representatives,have
executed this Agreement on the day and year first above written.
ATTEST: _ CITY OF JACKSONVILLE
• f 3 , �
7-0.4151„,
L nnie C. Williams ° ; John . I elaney, Mayor
Corporation Secretary + W:
ATTEST: CITY 0 ATLANTIC BEACH
l (JLf�l1- .�►: BY 'm„1�V
Signa re t r
�'1,qu,z5 AJ <1 • �� 0 S• nI EsEtzoE
Type/Print Name Type/Print Name
011\1 Ctr%2K NIrIV
Title Title
FORM : 'PROVED: In compliance with the Charter of the City
Jof Jacksonville, I do certify that there is an
unexpended, unencumbered and unimpounded
balance in the appropriation sufficient to cover
the foregoing Agreement and that provision has
sistant General Counsel been made for the payment of the monies
provided therein to be paid.
G:\Shared\CSC}iLTLTZ\WILLIAMS\CONTRACT.00\atlanticbeach.agr.wpd\3/24/00 .t wig
. � L -_
Director of Administration and Finance
sC a( f
3
Amended 2/22/00
1 Introduced by the Council President and Council Member Holland at
2 the request of the Mayor:
RECEIVED E C E I VE �a ��r
3
5 ORDINANCE 2000-77-E Public Wor;;s !epar , len
ENGINEE::ISI'; Di'/ISI') 1
6 AN ORDINANCE APPROPRIATING $225, 000 FROM
7 BUDGET STABILIZATION TO ATLANTIC BEACH UPON
8 THE SATISFACTION OF CERTAIN CONDITIONS -
9 PRECEDENT TO SUPPORT SHERRY DRIVE; AUTHORIZING
10 AND DIRECTING THE MAYOR AND CORPORATION
11 SECRETARY TO ENTER INTO A CONTRACT WITH THE
12 CITY OF ATLANTIC BEACH TO ACCOMPLISH SHERRY
13 DRIVE IMPROVEMENTS AND TO PROVIDE CERTAIN
14 ACCOUNTING, REPORT, ADMINISTRATIVE AND OTHER
15 REQUIREMENTS; PROVIDING AN EFFECTIVE DATE.
16 Tr
17
18 BE IT ORDAINED by the Council of the City of Jacksonville:
19 Section 1 . For the 1999-2000 fiscal year, within the
20 City' s budget, there are hereby appropriated the indicated sum(s)
21 from the account (s) listed in subsection (a) to the account (s)
_ 22 listed in subsection (b) :
23 (B.T. 86, attached hereto and made a part_hereof. )
24 (a) Appropriated from:
25 See BT 86, attached hereto $225, 000
26 (b) Appropriated to:
27 See BT 86, attached hereto $225, 000
28 (c) The purpose of this appropriation is to provide funds to
29 Atlantic Beach to support Sherry Drive. These funds will not be
30 available until the assets of the Firefighter Pension Fund from
31 Atlantic Beach have been transferred to the City of Jacksonville .
• Amended 2/22/00
1. ` Section 2. The Mayor and Corporation Secretary are hereby
2 directed and authorized to execute a contract with the City of
3 Atlantic Beach ("Atlantic Beach" ) for use of the appropriated funds
4 in the improvements of Sherry Drive. Atlantic Beach is directed to
5 provide the City with a full accounting of the use. of the funds for
6 the improvements to Sherry Drive (including a copy of all invoices
7 and checks) . The Mayor is directed to appoint the appropriate City
8 department to insure proper expenditure of, public funds for Sherry
9 Drive improvements and compliance to the contract, and all
10 appropriate laws, and to report to the City Council at the
11 completion of the improvements. The appropriate City department is
12 directed to provide oversight to the Sherry Drive improvements to =
13 insure that said improvements are completed in accordance with the
14 appropriate City of Jacksonville laws and purchasing code
15 provisions. Atlantic Beach shall return all excess funds to the
16 City at the completion of the improveirnents.
17 Section 3. This ordinance shall become effective upon
18 signature by the Mayor or upon becoming effective without the
19 Mayor' s signature.
20
21 ;Form Approved:
22
23
24 Offi o eneral Counsel
25 Legislati. Prepared By: Cheryl R. Peek
26 2/23/00 G:\sha -d\LEGIS.CC\2000LEG\ORDS\2000-77-E.doc
Its
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