8K AGENDA ITEM #8K
OCTOBER 13, 2003
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Interlocal Agreement with Jacksonvi for Adele Grage Funding
SUBMITTED BY: Jim Hanson; Ci M
.DATE: October 7, 2003
BACKGROUND: Councilman Jerry Holland agreed to contribute $50,000 from the
City of Jacksonville toward the renovation to the Adele Grage Community
Center. When Atlantic Beach completed the work and requested the funds,
Jacksonville staff members identified some internal problems with the
fending authorization. Councihnember Art Graham has worked
diligently to resolve those problems. As a result of his efforts, the
Jacksonville Council has approved a Interloeal Agreement with the
City of Atlantic Beach allowing for the payment of the $50,000
contribution.
couple ofamendments were made to the proposed Interlocal
Agreement at the. request of the City of Atlantic .Beach and the
attached Agreement is in order for adoption.
BUDGET: Atlantic Beach hasbudgeted for the. receipt of the $50,000 contribution
from the City of Jacksonville for the Adele Grage Community Center
renovation.
ATTACHMENTS: Agreement between the City. of Jacksonville and the City of Atlantic
Beach.:..
AGENDA ITEM #SK
OCTOBER 13, 2003
AGREEMENT
BETWEEN
:THE CITY OF JACKSONVILLE
AND
CITY OF ATLANTIC BEACH
TH1S .AGREEMENT (AGREEMENT); is made and .entered into this _ day of
2003, 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 Recipientto 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
certaih renovations (renovations) is attached hereto as ExhibitA and made apart 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 iri 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. tnco~poration 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 earlieras 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.
AGENDA ITEM #8K
OCTOBER 13, 2003
4. Renovations. Recipient shall. perform. as to the standards and guidelines
as established in Exhibit A.
5. Payment on Reimbursemen€ 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 shalt comply with aIF federal, state.and
local laws, rules, regulations and ordinances:
7. City Representative.' The City's Parks, Recreation. and Entertainment
Department, in conjunction vvith the Department of Public Works, shalF be responsible for'.
overseeing, administering and implementing thisAgreemeht. The Cityshallby subsequent
written notice advise Recipient of the.. contactperson 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 bythe 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 theirentirety.
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 hot by way of
limitation attorneys fees; expert witness fees and oourt 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 Recipien# in its performance under this
Agreement.
11. Recipieht Operations. _ Recipient shall, at no additional cost or expense to "`
the City, operate and maintain the Premises as a public park forrecreational purposes and
such premises shall 6e open and available to all residents and visitors to the City, with. no
discrimination on the basis bf race, creed, color, sex, religion, nafional origin; marital
status, age, disability or residence.
AGENDA ITEM #8K
OCTOBER 13, 2003
12. Recipient Responsibilities. Recipient shall be solely responsible for all
maintenance and repairs to the Premises at no additional cost to the City including, butnot
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 otheccharges which may become. due and payable
duping the term of this Agreement for any gas, water sewer service, powerand 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 maintainall 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 wilemaintainsll risk property insurance at
replacement cost value, which at no time vrill be less than he 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, hasthe 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 orfail to perform or observe any requirement or violate any provision of this
Agreement and such breach shall continue for aperiod of thirtydaysafter 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.
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AGENDA ITEM #SK
OCTOBER 13, 2003
17. -Recipient Breach. If the Recipient shall neglectorfailtoperformorobserve
any requirement or violate any provision of this Agreement and such breach shall continue
fpr 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 alt 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.
18f Insurance Premiums.: The Recipient shall pay all fire insurance premiums
on the Premises: Recipient shall not be liable tp carry fire insurance pn the person or
property of the. City. or any other person pr 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: Asto the Recipient:
Robert W. Baughman Jim Hanson
Interim Director _ CityofAtlantic Beaeh
Parks; Recreation,. and Entertainment City. Manager
801 North Market Street - 800 Seminole Road
Jacksonville, Florida 32202 AtlantiaBeach, 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 halt 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. ThisAgreement 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 conductby either of the parties hereto, or by
their authorized representatives, shall be binding ifit is not inwriting and contained in this
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AGENDA ITEM #8K
OCTOBER 13, 2003.
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 of other part of this
Agreement is declared to be unenforceable or unlawful by a court of competentjurisdiction,
then, in uch event, such section, paragraph, sentence oc other part shall be severed from
this Agreement and shall not affect other terms and. conditions herein.
25. SectiontParagraph Headings. All ection/paragraph headingsherein are
provided for convenience only and shall: not be used in the interpretation or construction of
the Agreement.
26. Governing Law/Venue. This Agreement shall be governed by the lawofthe
State of Florida. Venue for litigation of this Agreement shall be in a court: of compe#ent
jurisdiction irr Jacksonville, Florida,
27. Construction Inspection. The Recipient shall performproject construction
inspections for compliance with State of .Florida land development requirements. and
permits.'
28. Time ofthe Essence. Time is of the essence with regard to the
completion: of the Agreement.
tN WITNESS WHEREOF, the parties, by and through their lawfully authorized
representatives have executed this Agreement on the day and year first. above written.
ATTEST; CITY OF JACKSONVILLE
By: ]3y:
Neill W. McArthur, Jr. John Peyton, Mayor
Co~paration Secretary
ATTEST:' City of Atlantic Beach
By:
Signature Signature
Type/Print Name Type/Print Name
Title Title
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AGENDA ITEIVI #8K -
OCTOBER 13, 2003
In compliance with the Charter of the City of Jacksonville,) do hereby
ceit'sfythat there is an unexpended, unencumbered, and unimpounded balance in the
appropriation sufficient to coverthe foregoing Agreement, and provision has been
made for the payment of the. monies provided thereinto be paid.
Director of Finance
:Form Approved:..
Assistant General CounseG
G:\GOVT OPERATIONSINORTONIPARKS & RECWDELEtO6.WPD
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