HomeMy WebLinkAboutIRL Interlocal Agreement 10-18-2017 SAVE OUR INDIAN RIVER LAGOON PROJECT COST-SHARE FUNDING
INTERLOCAL AGREEMENT BETWEEN BREYARD COUNTY,FLORIDA AND THE
CITY OF CAPE CANAVERAL,FLORIDA.
AGREEMENT NUMBER: SOIRL 17-13
THIS AGREEMENT ("Agreement") is made and entered into on this 18th day of
October , 2017 by and between the Brevard County, Florida, a political subdivision of the
State of Florida (hereinafter "COUNTY") and the City of Cape Canaveral, Florida, a Florida
municipal corporation organized and existing under the laws of the State of Florida (hereinafter
"CITY").
RECITALS
WHEREAS,the COUNTY saw the urgent need to implement the"Save Our Indian River
Lagoon Project Plan," with the aim to restore the Indian River Lagoon through financing,
planning, constructing,maintaining, and operating capital improvements and capital maintenance
projects and programs designed to improve water quality,fish,wildlife and marine habitat,remove
muck and reduce pollution, as permitted under Section 212.055(2)(d)1., Florida Statutes; and
WHEREAS, the COUNTY has been granted authority under Section 212.055(2)(a),
Florida Statutes, to levy for a period of ten (10) years from the date of levy, a discretionary
infrastructure sales tax of a one half cent, pursuant to ordinance enacted by a majority of the
members of the Board of County Commissioners and approved by a majority of the electors of the
County voting in a referendum on the surtax; and
WHEREAS, the COUNTY promulgated and passed Brevard County Ordinance no.
2016-15, ("the Ordinance") imposing a one half cent discretionary infrastructure sales tax for a
period of ten (10) years from the date of levy, for the purposes expressed above, subject to
approval of said surtax by a majority vote of those qualified electors of Brevard County voting in a
referendum that was held on November 8, 2016; and
WHEREAS, it was contemplated that if approved in said referendum, said one half cent
discretionary infrastructure sales tax shall be imposed and collected countywide, commencing on
January 1,2017, and continuing thereafter for a period of ten(10)years until December 31,2027;
and
WHEREAS, on November 8, 2016, a majority of those qualified electors of Brevard
County voted in favor of the referendum, thereby authorizing the levying of the one half cent
surtax; and
WHEREAS,the COUNTY deems it in the best interest of all of the citizens and residents
of Brevard County,Florida,that the proceeds of the one half cent discretionary infrastructure sales
tax be used to fund projects and programs designed to restore the Indian River Lagoon in the
manner set forth in the Ordinance and its incorporated Save Our Indian River Lagoon Project Plan,
including operations, maintenance and reasonable administrative costs of those projects and
programs; and
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WHEREAS, the project identified in the Statement of Work ("the Project") has been
included and approved by the County Commission as part of the Save Our Indian River Lagoon
Project Plan; and
WHEREAS,the COUNTY has determined that providing cost-share funding to the CITY
for the purposes provided for herein will assist the COUNTY in effectively and efficiently
implementing the Ordinance and its incorporated Save Our Indian River Lagoon Project Plan, as
amended from time to time, and would be a proper expenditure of the monies reserved in the Save
Our Indian River Lagoon Trust Fund;
For value received, and in consideration of the following covenants, promises and
provisions; the Parties agree as follows:
Section 1. Documents.
This Agreement incorporates all of the following:
a. The Recitals set forth above;
b. The Agreement;
c. Attachment A—Statement of Work;
d. Attachment B—Project Progress Report Form;
e. Attachment C—Reimbursement/Invoice Form;
f. Attachment D—Recipient's Certification of Payment Form; and
g. Attachment E—Eligible Tax Funding Cost Share Form.
Section 2. Statement of Work.
In consideration of the above recitals,and the funding assistance described below,the CITY agrees
to perform and complete the activities provided for in the Statement of Work, Attachment A.
CITY shall complete the Project in conformity with the contract documents and all attachments
and other items incorporated by reference herein.
Section 3. Term and Extensions.
a. The term of this Agreement is from the date upon which the last party has dated and executed
the same ("Effective Date") until September 30, 2018 ("Completion Date"). CITY shall not
commence the Project until any required submittals are received and approved. Time is of the
essence for every aspect of this Agreement,including any time extensions.
b. Any request for an extension of time beyond the Completion Date must be made in writing no
less than 45 days prior to the contracted Completion Date. Timely requests to extend for longer
than six months may only be approved by the Board of County Commissioners.Requests to extend
for less than six months may be approved by the County Manager or his/her designee.
c. Notwithstanding specific mention that certain provisions survive termination or expiration of
this Agreement, all provisions of this Agreement that by their nature extend beyond the
Completion Date, for example, delivery of a final progress report, will remain in full force and
effect after the Completion Date as necessary to affect performance.
Section 4. Offer Limitations.
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a. This Agreement constitutes an offer until authorized, signed and returned to the COUNTY by
the CITY.This offer terminates sixty(60)days after receipt by the CITY;provided,however,that
' the CITY may submit a written request for extension of this time limit which may be approved by
the County Manager or his/her designee.
b. If the project,which is eligible for reimbursement under this Agreement,does not begin within •
180 days of the Effective Date, or if the-invoice for non-construction projects is not submitted
within 270 days of the Effective Date, the cost-share agreement will be subject to termination and
the funds subject to reallocation.
Section 5. Project Management.
a. The Project Managers listed below shall be responsible for overall coordination and
management of the project. Either party may change its Project Manager upon three (3)business
days prior written notice to the other party. Written notice of change of address shall be provided
within five (5) business days. All notices shall be in writing to the Project Managers at the
addresses below and shall be sent by one of the following methods: (1) hand delivery; (2) U.S.
certified mail; (3) national overnight courier; or(4) e-mail. Notices via certified mail are deemed
delivered upon receipt. Notices via overnight courier are deemed delivered one (1) business day
after having been deposited with the courier. Notices via e-mail are deemed delivered on the date
transmitted and received.
COUNTY CITY
Courtney Maier Jeff Ratliff
Project Manager Capital Projects Director
Department of Natural Resource Management City of Cape Canaveral
2725 Judge Fran Jamieson Way, Building A 105 Polk Avenue
Viera, Florida 32940 Cape Canaveral, Florida
321-633-2016 321-868-1240
Email: Courtney.Maier @brevardfl.gov E-mail: J.Ratliff@cityofcapecanaveral.org
b. The COUNTY'S Project Manager shall have sole responsibility for transmitting instructions,
receiving information, and communicating the COUNTY'S policies and decisions regarding all
matters pertinent to performance of the project. The COUNTY'S Project Manager may authorize
minor changes in the project that the parties agree are not inconsistent with the purpose of the
project, do not affect the COUNTY'S cost-share funding amount,the project's nutrient reduction
benefits, Completion Date, or otherwise significantly modify the terms of the Agreement.
c. Should additional funding be acquired from sources other than the Indian River Lagoon
Surtax,the County and City Managers are authorized to sign amendments to this Agreement only
if such additional funding: (1) reduces the lagoon tax funding amount; and/or (2) reduces the
CITY's cost-share amount.
Section 6. Deliverables.
a. The CITY shall fully implement the project, as described in the Statement of Work,
Attachment A. The CITY is responsible for the professional quality, technical accuracy, and
timely completion of the project.Both workmanship and materials shall be of good quality.Unless
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otherwise specifically provided for herein,the CITY shall provide and pay for all materials,labor,
and other facilities and equipment necessary to complete the project.
b. The COUNTY'S Project Manager shall make a final acceptance inspection of the project when
completed and finished in all respects.Upon satisfactory completion of the project,the CITY will
provide the COUNTY a written statement indicating that the project has been completed in
accordance with this Agreement. Acceptance of the final payment by the CITY shall constitute a
release in full of all claims against the COUNTY arising from or by reason of this Agreement.
c. Unless otherwise provided herein, the COUNTY does not assert an ownership interest in any
of the deliverables under this Agreement.
Section 7. Progress Reports and Performance Monitoring
a. The CITY shall provide to the COUNTY project update/status reports as provided in the
Statement of Work, Attachment A. Reports will provide detail on progress of the project and
outline any potential issues affecting completion or the overall schedule.
b. The CITY shall use the COUNTY'S Project Progress Report Form, Attachment B. CITY
shall submit the Project Progress Reports to the COUNTY'S Project Manager within thirty (30)
days after the closing date of each calendar quarter (March 31, June 30, September 30 and
December 31).
c. For as long as the project is operational, the COUNTY shall have the right to inspect the
operation of the project during normal business hours upon reasonable prior notice. The CITY
shall make available to the COUNTY any available data that is requested pertaining to the
performance of the project.
Section 8. Amount of Funding.
a. For satisfactory completion of the project,the COUNTY shall pay the CITY its"Eligible Tax
Funding Cost Share"as stated in Eligible Tax Funding Cost Share Form, Attachment E. This
amount is not to exceed the maximum amount of cost-share that was recommended by the Citizen
Oversight Committee and approved by the County Commission unless additional matching funds
for the project are secured by the COUNTY from external revenue sources and approved for
allocation to this project by the County Commission or their duly authorized representative.
b. The COUNTY cost-share amount is not subject to modification based upon price escalation in
implementing the project during the term of this Agreement. The CITY shall be responsible for
payment of all additional costs necessary to ensure completion of the project.
c. During Contract negotiations, the CITY must submit the adopted budget for the project, the
amount of all secured grants for the project, and an estimate of project costs as defined below in
section e. The Eligible Tax Funding Cost Share shall be reduced as necessary to not exceed the
balance of Project Costs minus external matching funds for the project.
d. The CITY shall notify the COUNTY'S Project Manager in writing upon receipt of any
additional external funding for the project not disclosed prior to execution of this Agreement. The
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Eligible Tax Funding Cost Share shall be reduced as necessary to not exceed the balance of Project
Costs minus external matching funds for the project.
e. "Project cost" is defined to include actual costs of constructing project facilities, including
construction, construction management, construction QA/QC testing, land acquisition,
engineering, design, permitting, permit fees, impact fees, and any other project-specific costs
authorized under the Statement of Work,Attachment A. Project cost does not include any costs
incurred prior to the Effective Date,unless expressly authorized by the Statement of Work,nor any
costs not included in the contracted Statement of Work.
f. Funding shall not be provided for expenses incurred after the Completion Date.
g. The CITY is responsible for owning, operating and maintain the project for the typical
operating life of the project.
Section 9. Payment of Invoices.
a. The CITY shall submit itemized invoices as per the Statement of Work,Attachment A on a
quarterly basis for reimbursable expenses by one of the following two methods: (1)By mail to the
Brevard County Department of Natural Resource Management,Courtney Maier,Project Manager,
2725 Judge Fran Jamieson Way, Building A, Viera, Florida 32940; or (2) By e-mail to
courtney.maier@brevardfl.gov. If an option is not selected in this paragraph,the default invoicing
basis will be quarterly.
b. All invoices shall be submitted using Reimbursement/Invoice Form, Attachment C, and
include the following information: (1) the COUNTY'S contract number; (2) the CITY'S name,
address, and authorization to directly deposit payment into the CITY'S account; (3) the CITY'S
invoice number and date of invoice; (4)the COUNTY'S Project Manager;(5)the CITY'S Project
Manager; (6) supporting documentation as to cost and/or project completion (as per the cost
schedule and other requirements of the Statement of Work, Attachment A); and (7) Project
Progress Report Form,Attachment B. Invoices that do not correspond with this paragraph shall
be returned without action within twenty (20) business days of receipt, stating the basis for
rejection.
c. Incremental payments shall be calculated as the fraction of Eligible Tax Funding Cost Share
listed in Eligible Tax Funding Cost Share Form,Attachment E (after adjustments per Section
8c.and/or d.)divided by Project Cost multiplied by the amount of the City's Project Cost incurred
during the respective incremental billing period. Payments shall be made within forty-five (45)
days of receipt of an approved invoice.
d. The invoices shall be submitted in detail sufficient for proper pre-audit and post-audit review.
Invoices shall include a copy of contractor and supplier invoices to the CITY and proof of
payment. If necessary for audit purposes, the CITY shall provide additional supporting
information as required to document invoices.
e. CITY shall be reimbursed for the actual cost of the project, or the contracted amount,
whichever is less. The COUNTY shall not withhold any retainage from this reimbursement.
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COUNTY reimbursement is subject to annual budgetary limitation, if applicable.
f. The COUNTY'S fiscal year ends on September 30. The COUNTY is required to account for
all encumbered funds at that time. Submittal of an invoice as of September 30 satisfies this
requirement. Regardless of whether the CITY chooses monthly, quarterly, or annual invoices, if
any expenses occur between a previous invoice and September 30t, the CITY shall submit a
description of the work completed on the Project through September 30th and a corresponding
invoice for that cost-share eligible amount achieved during that time interval.
Section 10. Final Invoice.
a. The final invoice must be submitted no later than forty-five (45) days after the City's final
payment to its vendors for the project or October 30th if the City's final payment is made between
September 15th and 30th.
b. Final Invoices that are submitted after the requisite date shall be subject to a penalty of ten
percent(10%) of the invoice. This penalty may be waived by the COUNTY, in its sole judgment
and discretion, upon a showing of special circumstances that prevent the timely submittal of the
final invoice. The CITY must request approval for delayed submittal of the final invoice not later
than ten(10)days prior to the due date and state the basis for the delay.
Section 11. Travel Expenses.
If the cost schedule for this Agreement includes a line item for travel expenses, travel expenses
shall be drawn from the project budget. Travel expenses are otherwise not compensable. If travel
expenses are not included in the cost schedule,they are a cost of providing the service that is borne
by the CITY.
Section 12. Payments Withheld.
The COUNTY may withhold or, on account of subsequently discovered evidence, nullify, in
whole or in part,any payment to such an extent as maybe necessary to protect the COUNTY from
loss as a result of: (1)defective work not remedied; (2)failure to maintain adequate progress in the
project; (3) any other material breach of this Agreement. Amounts withheld shall not be
considered due and shall not be paid until the ground(s) for withholding payment have been
remedied.
Section 13. Multi-Year Agreements.
a. For multi-fiscal year agreements,the COUNTY must budget the amount of funds that will be
expended during each fiscal year as accurately as possible. Funds contracted for reimbursement
beyond the COUNTY'S current fiscal year will be budgeted in subsequent fiscal years per the
schedule specified in the project agreement, as amended. The Statement of Work, Attachment
A,includes the parties'current schedule for completion of the work and projection of expenditures
on a fiscal year basis (October 1 —September 30) ("Estimated Reimbursement Schedule").
b. If the CITY anticipates that expenditures will exceed the budgeted amount during any fiscal
year, the CITY shall promptly notify the COUNTY'S Project Manager and provide a proposed
revised work schedule and Annual Spending Plan that provides for completion of the work without
increasing the Total Compensation. The last date for the COUNTY to receive this request is
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August 1 of the then-current fiscal year. Funds allocated in the current fiscal year that are not
reimbursed in the current fiscal year due to slippage in the project delivery schedule will be
requested by COUNTY staff to roll forward to the next fiscal year as a Budget Amendment —
(Regular),per BCC-21.
c. The COUNTY may in its sole discretion prepare a Budget Change Request incorporating the
revised work schedule and Estimated Reimbursement Schedule as appropriate for changes in the
project schedule.
Section 14. Liability and Insurance.
Each party is responsible for all personal injury and property damage attributable to the negligent
acts or omissions of that party, its officers, employees and agents. The CITY accepts all risks
arising from construction or operation of the project. Nothing contained herein shall be construed
or interpreted as denying to any party any remedy or defense available under the laws of the state
of Florida, nor as a waiver of sovereign immunity of the state of Florida beyond the waiver
provided for in section 768.28, Fla. Stat., as amended. Each party shall acquire and maintain
throughout the term of this Agreement such liability, workers' compensation, and automobile
insurance as required by their current rules and regulations.
Section 15. Funding Contingency.
a. This Agreement is at all times contingent upon funding availability, which may include a
single source or multiple sources, including, but not limited to: (1) the Save Our Indian River
Lagoon %2 cent surtax; (2) annual appropriations by the Florida Legislature, or(3) appropriations
from other agencies or funding sources. Agreements that extend for a period of more than one
Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the
COUNTY for each succeeding Fiscal Year. Should the project not be funded, in whole or in part,
in the current Fiscal Year or succeeding Fiscal Years,the COUNTY shall so notify the CITY and
this Agreement shall be deemed terminated for convenience five (5) days after receipt of such
notice, or within such additional time as the COUNTY may allow. For the purpose of this
Agreement, "Fiscal Year" is defined as the period beginning on October 1 and ending on
September 30.
b. The CITY agrees that any and all City funds budgeted (in the adopted or amended budget) for
this project that are saved by the CITY by virtue of reimbursement or allocation received pursuant
to this cost-share agreement, shall be reallocated and expended by the CITY solely to other City,
County or third party project(s)benefiting the restoration of the Indian River Lagoon within five
(5) years of the Effective Date of this Agreement. Should the CITY choose to not expend such
funds in the manner described above, the CITY shall transfer those funds to the COUNTY for
deposit to the Save Our Indian River Lagoon Trust Fund. The CITY'S obligation under this
paragraph shall survive the termination of this agreement.
Section 16. Failure to Complete Project.
a. Should the CITY fail to complete the project,the CITY shall refund to the COUNTY all of the
funds provided to the CITY pursuant to this Agreement.
b. With a recommendation from its Citizen Oversight Committee, the COUNTY, in its sole
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judgment and discretion, may determine that the CITY has failed to complete the project due to
circumstances that are beyond the CITY'S control, due to termination of this agreement for
reasons of funding availability, or due to a good faith determination that the project is no longer
environmentally or economically feasible. In such event, the COUNTY may excuse the CITY
from the obligation to return funds provided hereunder.
c. If the project has not been completed within thirty (30) days after the Completion Date, the
CITY shall provide the COUNTY with notice regarding its intention as to completion of the
project.The parties shall discuss the status of the project and may mutually agree to revise the time
for project completion or the scope of the project. Failure to complete the Project within ninety
(90) days after the Completion Date shall be deemed to constitute failure to complete the project
for the purposes of this provision.
d. In the event the Project constitutes a portion of the total functional project,this paragraph shall
apply in the event the total functional project is not completed.In such event,the 90-day timeframe
provided herein shall commence upon the date scheduled for completion of the total functional
project at the time of execution of this Agreement, unless extended by mutual agreement of the
parties. Paragraphs 17(a) and 17(b) shall survive the termination or expiration of this Agreement.
e. Force Majeure. The failure to carry out any terms of this Agreement due to any one of the
following circumstances beyond the control of the CITY: (a) the operation and effect of rules,
regulations, or orders promulgated by any commission, county, or governmental agency of the
state of Florida or the United States, (b) a restraining order, injunction, or similar decree of any
court of competent jurisdiction,(c)war,(d)flood,(e)earthquake,(f)fire, (g) severe wind storm or
hurricane, (h) acts of public disturbance, (i) quarantine restrictions, (j)epidemic, (k) strikes, or (1)
sabotage. The CITY shall not be subject to any liability for failure to can-y out any of the terms of
this Agreement to the extent that such failure shall be due to a Force Majeure event as defined
herein. In such event, the CITY shall be excused from the obligation to return funds provided
herein.
Section 17. Termination.
a. If the CITY materially fails to fulfill its obligations under this Agreement, including any
specific milestones established herein, the COUNTY may provide the CITY written notice of the
deficiency by forwarding a "Notice to Cure," citing the specific nature of the breach. The CITY
shall have thirty (30) days following receipt of the notice to cure the breach. If the CITY fails to
cure the breach within the thirty (30) day period, the COUNTY shall issue a "Termination for
Default Notice"terminating this Agreement without further notice. In such event, the CITY shall
refund to the COUNTY all funds provided to the CITY pursuant to this Agreement within thirty
(30) days of such termination. The COUNTY may also terminate this Agreement upon ten (10)
days written notice in the event of any material misrepresentations in the Project Proposal.
b. Delay or failure by the COUNTY to enforce any right,remedy or deadline hereunder shall not
impair, or be deemed a waiver of, any such right, remedy or deadline, or impair the COUNTY'S
rights or remedies for any subsequent breach or continued breach of this Agreement.
ADDITIONAL PROVISIONS
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Section 18. Assignment.
The CITY shall not assign this Agreement,or any monies due hereunder,without the COUNTY'S
prior written consent. The CITY is solely responsible for fulfilling all work elements in any
contracts awarded by the CITY and payment of all monies due. No provision of this Agreement
shall create a contractual relationship between the COUNTY and any of the CITY'S contractors or
subcontractors.
Section 19. Audit;Access to Records; Repayment of Funds.
a. Maintenance of Records. The CITY shall maintain its books and records such that receipt and
expenditure of the funds provided hereunder are shown separately from other expenditures in a
format that can be easily reviewed. The CITY shall keep the records of receipts and expenditures,
copies of all reports submitted to the COUNTY, and copies of all invoices and supporting
documentation for at least five(5) years after expiration of this Agreement. In addition,the CITY
shall maintain records to demonstrate satisfaction of its obligation under subparagraph 15b. above.
b. Review and Auditing.In accordance with generally accepted governmental auditing standards,
the COUNTY shall have access to and the right to examine any directly pertinent books and other
records involving transactions related to this Agreement. In the event of an audit, the CITY shall
maintain all required records until the audit is completed and all questions are resolved. The CITY
will provide proper facilities for access to and inspection of all required records.
c. Repayment of Funds. COUNTY funding shall be subject to repayment after expiration of this
Agreement if,upon audit examination,the COUNTY finds any of the following: (1)the CITY has
spent funds for purposes other than as provided for herein; (2) the CITY has failed to perform a
continuing obligation of this Agreement; (3) the CITY has received duplicate funds from the
COUNTY or other external funding entity for the same purpose; (4)the CITY has been advanced
or paid unobligated funds; (5) the CITY has been paid funds in excess of the amount the CITY is
entitled to receive under the Agreement; and/or (6) the CITY has received contributions
amounting to more than one hundred percent(100%)of the project cost through cumulative public
agency cost-share funding.
Section 20. Dispute Resolution.
The CITY is under a duty to seek clarification and resolution of any issue, discrepancy,or dispute
involving performance of this Agreement by submitting a written statement to the COUNTY's
Project Manager no later than ten (10) business days after the precipitating event. If not resolved
by the Project Manager, the Project Manager shall forward the request to the County Attorney's
Office, which shall issue a written decision within ten (10) business days of receipt. This
determination shall constitute final action of the COUNTY and shall then be subject to judicial
review upon completion of the project.
Section 21. Governing Law,Venue,Attorney's Fees,Waiver of Right to Jury Trial.
This Agreement shall be construed according to the laws of Florida and shall not be construed
more strictly against one party than against the other because it may have been drafted by one of
the parties. As used herein, "shall" is always mandatory. In the event of any legal proceedings
arising from or related to this Agreement:(1)Venue for any state or federal legal proceedings shall
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be in Brevard County; (2) Each party shall bear its own attorney's fees, including appeals; (3) For
civil proceedings, the parties hereby consent to trial by the court and waive the right to jury trial.
Section 22. Permits.
The CITY shall comply with all applicable federal, state, and local laws and regulations in
implementing the project and shall include this requirement in all subcontracts pertaining to the
project. The CITY shall obtain any and all governmental permits necessary to implement the
project. Any activity not properly permitted prior to implementation or completed without proper
permits does not comply with this Agreement and shall not be approved for cost-share funding.
Section 23. IIdependent Contractors.
The parties to this Agreement, their employees and agents, are independent contractors and not
employees or agents of each other.Nothing in this Agreement shall be interpreted to establish any
relationship other than that of independent contractors during and after the term of this Agreement.
The CITY is not a contractor of the COUNTY.The COUNTY is providing cost-share funding as a
cooperating governmental entity to assist the CITY in accomplishing the project. The CITY is
solely responsible for accomplishing the project and directs the means and methods by which the
project is accomplished. The CITY is solely responsible for compliance with all labor,health care,
and tax laws pertaining to the CITY, its officers, agents, and employees.
Section 24. Scrutinized Companies.
The CITY is responsible for complying with the prohibition against contracting with"scrutinized
companies"found in Section 287.135, Florida Statutes,when hiring its contractors for the project.
The CITY agrees to indemnify the COUNTY for any and all actions or penalties that may arise
should the CITY improperly contract with a"scrutinized company."
Section 25. Local Preference Limitations.
The CITY is responsible for ensuring that "local preference" is only utilized in the hiring of
contractors when legally permitted. If the source of funds for this cost-share in any way restricts
the use of"local preference,"the COUNTY has the responsibility to put the CITY on notice. If put
on notice,the CITY agrees to indemnify the COUNTY for any and all actions or penalties that may
arise from the unpermitted use of"local preference."
Section 26. Public Entity Crime.
A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid,proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity; may not be awarded or perform
work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity;
and may not transact business with any public entity in excess of the threshold amount provided in
s.287.017 for CATEGORY TWO($35,000)for a period of 36 months following the date of being
placed on the convicted vendor list.
Section 27. Public Records.
Records of the CITY that are made or received in the course of performance of the project may be
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public records that are subject to the requirements of Chapter 119, Florida Statutes. If the CITY
receives a public records request, the CITY shall promptly notify the COUNTY'S Project
Manager. Each party reserves the right to cancel this Agreement for refusal by the other party to
allow public access to all documents, papers, letters, or other materials related hereto and subject
to the provisions of Chapter 119, Florida Statutes, as amended.
Section 28. Royalties and Patents. The CITY certifies that the project does not,to the best of
its information and belief,infringe on any patent rights.The CITY shall pay all royalties and patent
and license fees necessary for performance of the project and shall defend all suits or claims for
infringement of any patent rights and save and hold the COUNTY harmless from loss to the extent
allowed by Florida law.
IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed on the day
and year written below in its name by its duly authorized representative, and CITY has caused this
Agreement to be executed on the day and year written below in its name by its duly authorized
representatives. This Agreement may be executed in separate counterparts, which shall not affect
its validity. Upon execution, this Agreement constitutes the entire agreement of the parties,
notwithstanding any stipulations, representations, agreements, or promises, oral or otherwise, not
printed or inserted herein. This Agreement cannot be changed by any means other than written
amendments referencing this Agreement and signed by all parties.
Brevard County, Florida Cape Canaveral, Florida
•
Signed: Signed:
Typed Name: Curt Smith Typed Name: David L. Greene
Title: Chairman Title: City Manager
Date: May 23, 241 - Date: October 18, 2017
As approved byptf1y_ ,29,17 As approved by City Council Oct. , 17, 2017
rt
Attest: %' A Attest: /' )C L ' '�.-�'"l•_,�
Typed Name: ia . ' `?° Typed Name: Mia Goforth'
Title: c:."‘"74411Pr. Title: City Clerk
Date: Date: October 18, 2017
Review:• fir Iega orm and content:
OA* g
Assistant County Attorney
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ATTACHMENT A
STATEMENT OF WORK
PROJECT TITLE:Central Boulevard Baffle Box Upgrade.
PROJECT LOCATION: The Project is located on the southern side of West Central Boulevard in the
City of Cape Canaveral (City), Brevard County,Florida (see attached map). This existing first generation
baffle box is located adjacent to the Central Ditch (stormwater ditch) and treats stormwater from the
largest drainage basin(Canaveral)in the City.This project includes the upgrade of one baffle box located
at Lat/Lon:28.396127/80.608021.
PROJECT BACKGROUND: In February 2013, the Florida Department of Environmental Protection
adopted a Basin Management Action Plan (BMAP) for implementation of the Total Maximum Daily
Loads (TMDLs) for the Banana River Lagoon (BRL) requiring nutrient load reductions of nitrogen and
phosphorus in stormwater.The City has already exceeded its Cycle I required nutrient load reductions and
is close to exceeding its Cycle II required nutrient load reductions. Therefore, this project is (1)part of a
long-term strategy to reach and exceed the Cycle II(and Cycle III) nutrient load reduction goals and (2)
designed to upgrade the largest baffle box in the City thereby providing a significant water quality benefit
to the BRL.
PROJECT DESCRIPTION: The project includes the upgrade of the interior portion (screens, baffles,
etc.)of the existing first generation baffle box. Suntree Technologies, Inc. (Suntree)installed the existing
Central Boulevard baffle box in the mid-2000s and will be performing the conversion to a second
generation baffle box. Therefore, engineering costs are negligible as well as permitting costs with the
City.One of the City's approved contractors, Atlantic Development of Cocoa(Atlantic),will perform the
initial tasks of preparing the baffle box including the plugging•of stormwater lines, removal of all
sediment from the baffle box, etc. Suntree will then install the upgraded hardware into the existing
concrete box.Atlantic will restore the site vicinity to its current condition.
TASKS and DELIVERABLES:
Task#1: Design and Permitting
Task Description: Suntree is providing engineering services for this project; costs are negligible since
the existing first generation baffle box was installed by Suntree. The City will not require a fee for the
construction permit.
Task#2 Construction of Project
Task Description: Suntree will install one, second generation baffle box fitted with nutrient reducing
filtration media and any other incidental work necessary to complete the project in accordance with the
fmal design and required permits. The City will be providing the engineering oversight during
construction.
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Design of Project(Baffle
1 Box Production 09/15/17 02/16/18
2 Construction of Project 02/19/18 04/20/18
i
Project's Schedule Without Trust Funds:
This project is not included in the City's FY2017-2018 budget. Therefore, without SOIRL funding, the
project would be considered for inclusion in the FY2018-2019 budget. However, other stormwater
improvement projects may take funding priority during the budgeting process.
ATTACHMENT B
SAVE OUR INDIAN RIVER LAGOON
PROJECT PROGRESS REPORT FORM
Date: Report Number:
Project Information
Project Name:
Recipient Name:
Contract Number: County Project Manager Email:
Nitrogen Reduction Benefit(lbs/yr) County Project Manager Phone:
Phosphorus Reduction Benefit(lbs/yr) Recipient's Email:
TSS Reduction Benefit(lbs/yr) Recipient's Phone:
Construction Schedule Reporting Period
Start Date(mm/dd/yy): Beginning Date(mm/dd/yy):
Completion(mm/dd/yy): Ending Date(mm/dd/yy):
Budget
Total Budget: Expended This Period:
Expended To-date: Percent Budget Expended:
Contract Amount: Percent Cost Share:
Estimated Reimbursement Schedule
Fiscal Year 1 Fiscal Year 2
Anticipated
Reimbursement# Anticipated Amount Anticipated Date Reimbursement# Amount Anticipated Date
1 1
2 2
3 3
4 4
Project Status
Tasks/Milestones/Deliverables Scheduled for this Reporting Period or Within the Next 90 days:
Task Number Tasks/Milestones/Deliverables Start Date Finish Complet Date
1 Permitting
2 Engineering
3 Construction
Problems,Issues,Solutions,Anticipated deviations from schedule:
Attach an additional page of notes if necessary to explain reasons for lateness or unusual events or circumstances.
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Recipient's Certification of Payment Request
I,
(Print name of Recipient's Grant Manager designated in the Agreement)
on behalf of ,do hereby certify for
(Print name of Recipient)
SOIRL Agreement No. and Payment Request No. that:
0 The disbursement amount requested is for allowable costs for the project described in Attachment
A of the Agreement.
0 All costs included in the amount requested have been satisfactorily purchased, performed,
received, and applied toward completing the project; such costs are documented by invoices or
other appropriate documentation as required in the Agreement.
El The Recipient has paid such costs under the terms and provisions of contracts relating directly to
the project;and the Recipient is not in default of any terms or provisions of the contracts.
Check all that apply:
❑ All permits and approvals required for the construction,which is underway,have been obtained.
❑ Construction up to the point of this disbursement is in compliance with the construction plans and
permits.
O The Recipient's Grant Manager relied on certifications from the following professionals that
provided services for this project during the time period covered by this Certification of Payment
Request,and such certifications are included:
Professional Service Provider(Name/License No.) Period of Service(mm/dd/yy—mm/dd/yy)
Recipient's Grant Manager's Signature Recipient's Fiscal Agent
Print Name Print Name
Telephone Number Telephone Number
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