Staff Report COAB Reguarding Sherry Drive v STAFF REPORT
CITY OF ATLANTIC BEACH
CITY STAFF REPORT
AGENDA ITEM: Agreement with City of Jacksonville for Sheny Drive
Reconstruction
DATE: March 31, 2000
SUBMITTED BY: Jim Hanson C k 14 . .
BACKGROUND: The City's Interlocal Agreement with Jacksonville calls for
Jacksonville to "provide for the repairing and resurfacing of
Sheny Drive in Atlantic Beach . . .". A considerable
difference of opinion had existed for several years between
the two cities over the extent of repairs. Jacksonville's
opinion was that this obligation included only a resurfacing
and minor patching whereas Atlantic Beach's contention was
that the job required a complete rebuild of the road from the
base up.
In December of 1999 Mayor Meserve reached a verbal
agreement with Mayor Delaney that Jacksonville's obligation
to Atlantic Beach could be satisfied by payment of$225,000.
Any additional funding needed to completely repair/rebuild of
Sherry Drive would be paid by the City of Atlantic Beach.
The City of Jacksonville adopted an ordinance earlier this
year approving this agreement for $225,000 and authorizing
that an additional agreement between the Cities of Atlantic
Beach and Jacksonville be executed for same.
The City of Jacksonville has prepared the attached agreement
which has been reviewed and approved by City Attorney Alan
Jensen.
BUDGET: Funding for the Core City Project includes the additional cost
to Atlantic Beach for the rebuilding of Sherry Drive.
Engineers working on behalf of the City of Atlantic Beach in
1997 estimated the cost for the Sherry Drive rebuild to be
$336,367.
RECOMMENDATION: That the Mayor and Commission of Atlantic Beach authorize
execution of the Agreement with the City of Jacksonville
accepting $225,000 to satisfy their obligation under the
Interlocal Agreement for Sherry Drive repair and resurfacing.
ATTACHMENTS: Agreement prepared by City of Jacksonville
AGREEMENT BETWEEN
THE CITY OF JACKSONVILLE
AND
CITY OF ATLANTIC BEACH
THIS AGREEMENT,made and entered into this day of , 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,
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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 of the 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.
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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
By
Linnie C. Williams John A. Delaney, Mayor
Corporation Secretary
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ATTEST: CITY OF ATLANTIC BEACH
• By
Signature Signature
Type/Print Name Type/Print Name
Title Title
4FORM PPROVED:
e 1
L
Assistant General Counsel
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