Exh 8D3.
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STAFF REPORT
CITY OF ATLANTIC BEACH
CITY STAFF REPORT
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AGENDA ITEM: Agreement with City of Jacksonville for Sherry Drive
Reconstruction
DA'~TE: March 31, 2000
SUBMITTED BY: Jim Hanson Ci
BACKGROUND: ..The City's Interlocal Agreement with Jacksonville calls for
Jacksonville to "provide for the repairing and resurfacing of
Sherry 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 obligarion
to Atlanric 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 AIan
Jensen.
BUDGET:
RECOMMENDATION:
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 esti~aated the cost for the Sherry Drive rebuild to be
$336,367.
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
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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 JACKSONVIILE, a municipal corporation in Duval County,
hereinafter referred to,,as the "CITY", and CITY OF ATLANTIC BEACH, hereinafter referred to
as the "RECIPIENT".
WITNES SETH:
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
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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 RECIlIENT;
NOW, THEREFORE, in consideration of the premises, the appropriation and disbursement
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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-
FiveThousand and no/100 Dollars ($225,000.00) in advance for improvements to SherryDrive. Said
amount shall be the CITY's maximum indebtedness under this Agreement.
3. The RECIIIENT 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
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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 Interlbcal Agreement between the parties.
4. In additionto the terms and provisions of Chapter 118, Ordinance Code, RECIPIENT
shall provide the Department ofPublic 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 maiUreturn
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: ~ T
The RECII'IENT shall indemnify, save and hold the CITY harmless from any and all actions,
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J 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.
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 WITNES S WHEREOF, the parties, by and through their authorized representatives, have
executed this Agreement on the day and year first above written.
ATTEST:
Linnie C. Williams
Corporation Secretary
ATTEST:
Signature
CITY OF JACKSONVII,LE
By
John A. Delaney, Mayor
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CITY OF ATLANTIC BEACH
By
Signature
Type/Print Name
Type/Print Name
Title
Title
FORM PROVED:
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Assistant General Counsel
G:lsharedlCSCHLTLTZIWILLIAMSICONTRACT.00~atlanticbeach.agrwpol3/24100
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' a ~ -- ~ Amended 2/22/00
1 Introduced by the Council President and Council Member Hollend at
2 the request of the Mayor:
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ORDINANCE .2000-77-.E or,s Oepari :
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. AN„ ORDINANCE- -APPROPRIATING - $225,000 FROM -
~ ~ - BUDGET STABILIZATION TO ATLANTIC BEACH UPON
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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
I3 DRIVE IMPROVEMENTS AND TO PROVIDE CERTAIN
14 ACCOUNTING, REPORT, ADMINISTRATIVE AND OTHER
15 REQUIREMENTS; PROVIDING AN EFFECTIVE DATE,
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18 BE IT ORDAINED by the Council of the City of Jacksonville:
19 - Section 1, For the 1999-2000 fiscal year, within the
2Q .--City's budget, there are hereby appropriated the indicated sum(s)
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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
5225,000
26 (b) Appropriated to:
27 ~ See BT 86, attached hereto
- $225,000
28 (c) The purpose of this appropriation is to provide funds to
X29 Atlantic Beach to support Sherry Drive. These funds will not be
30 available until the assets of the Firefighter Pension Fund prom
31 Atlantic Beach have been transferred to the City of Jacksonville.
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° >~ ~ 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
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5 .. provide ..the :City ~ with a . fullaccounting. 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 improveYtients.
17 Section 3. This ordinance shall become effective upon
18 signature by the Mayor or upon becoming effective without the
19 Mayor's signature.
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21 ~;'Form Approved:
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2 3 .-
24 Off3_ o eneral Counsel
25 Legislati Prepared By: Cheryl R, Peek
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