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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. 3 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 '4 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 5 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 -6..