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HomeMy WebLinkAboutcocc_trans_impactfee_trustfund_disb_agrmt_20220831BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST Kimberly Powell, Clerk to the Board, 400 South Street • P.O. Box 999, Titusville, Florida 32781-0999 August 31, 2022 MEMORANDUM TO: Tad Calkins, Planning and Development Director Telephone: (321) 637-2001 Fax: (321) 264-6972 Kimberly.Powell@brevardclerk.us RE: Item F.4., Approval of Transportation Impact Fee Trust Fund Disbursement Agreement with City of Cape Canaveral and Technical Advisory Committee Recommendations for the Merritt Island/North Beaches Benefit District The Board of County Commissioners, in regular session on August 30, 2022, approved and authorized the Chair to execute a Transportation Impact Fee Trust Fund Disbursement Agreement; appropriated up to $1,200,000 to the City of Cape Canaveral; and authorized the Budget Office to execute any budget changes required to implement project appropriations. Enclosed is a fully -executed Agreement. Upon recordation, please return the recorded Agreement to this office for inclusion in the official minutes. Your continued cooperation is always appreciated, Sincerely, BOARD OF COUNTY COMMISSIONERS RACHEL M /SADOFF,,,.CLr Kimberly Powell, Clerk to the Board Ism Encls. (1) cc: Budget Finance PRINTED ON RECYCLED PAPER TRANSPORTATION IMPACT FEE TRUST FUND DISBURSEMENT AGREEMENT Between BREVARD COUNTY and CAPE CANAVERAL, FLORIDA for construction of a THURM BOULEVARD COMPLETE STREETS in the amount of $1,200,000.00 PROVIDING FOR FUNDING AND ADMINISTRATION OF IMPACT FEE PROJECTS This is an Agreement between: BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of County Commissioners, and CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, its successors and assigns, hereinafter referred to as "CITY". WITNESSETH that, for and in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS For the purposes of this Agreement and the various covenants, conditions, tams and provisions which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are assumed to be time and correct and are agreed upon by the parties. 1.1 ASSURANCES: means those assurances made by CITY to COUNTY specifically set forth in this Agreement. 1.2 CITY: means and refers to the City of Cape Canaveral, Florida, a Florida municipal corporation. 1.3 COUNTY: means and refers to Brevard County, Florida, a political subdivision of the State of Florida. 1.4 DEPARTMENT: means the Finance Department of Brevard County, Florida. 1.5 DIVISION: means the Planning and Development Department of Brevard County, Florida. 1.6 IMPACT FEE PROGRAM OR PROGRAM: means Chapter 62, Article V, Division 4, Sections 62-801 through 62-819 of the Code of Ordinances of Brevard County, Florida. 1.7 INTERLOCAL AGREEMENT: means and refers to that agreement between Brevard County, Florida, and the City of Cape Canaveral, Florida, dated March 6, 1990, providing for participation in the Brevard County Transportation Impact Fee Program. 1.8 PROGRAM INTEREST: means interest generated from TIFT funds after receipt by CITY. 1.9 PROJECT(S): means the project or projects set forth in Article 111 hereof, and Exhibit "A" entitled "Project Description". 1.10 TIFT FUNDS: means the Transportation Impact Fee Trust; the monies given to CITY pursuant to the terms of this Agreement. ARTICLE 11 PREAMBLE In order to establish the background, context and frame of reference for this Agreement and to generally express the objectives and intentions of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 2.1 Chapter 62, Article V, Division 4, Sections 62-801 through 62-819 of the Code of Ordinances of Brevard County, Florida, incorporated herein by reference, provides for the imposition of the Transportation Impact Fee and sets forth the manner and amount for collection and use of funds. 2.2 Pursuant to interlocal agreement dated March 6, 1990, incorporated herein by reference, the COUNTY and CITY have coordinated the collection of Transportation Impact Fees and participated in the process for project recommendations to the Board of County Commissioners of Brevard County, Florida. 2.3 Under Chapter 62, Article V, Division 4, Sections 62-801 through 62-819 of the Code of Ordinances of Brevard County, Florida and interlocal agreement, COUNTY is administrator for the Program and COUNTY is mandated to comply with various statutes, rules and regulations as to the allocation of expenditure of funds. 2.4 COUNTY is desirous of disbursing TIFT Funds to CITY. However, as administrator for the Program, COUNTY desires to obtain the assurances from CITY and CITY so assures COUNTY, that CITY will comply with all state and local statutes, rules and regulations and applicable codes and regulations as made known to the CITY relating to the Project(s) and the Program, as a condition precedent to the release of such funds to CITY. ARTICLE 11 1 PROJECT(S) CITY hereby agrees to provide and implement the following eligible Project(s): Thurm Boulevard Complete Streets - The proposed scope of work includes but is not limited to the purchase of professional engineering and design services, related permitting and administrative expenses, and construction services and materials for the completion of the following tasks along Thurm Boulevard, between W. Central Boulevard and Astronaut Boulevard, a distance of approximately 3,400 linear feet. Tasks include but are not limited to the following: • Demolition of existing improvements including pavement, curbing, catch basins, sidewalk, etc. • Construct an 8-foot wide pedway where appropriate; • Construct a 5-foot wide sidewalk where appropriate; • Replace concrete curbing where necessary; • Replace water and storm sewer (HDPE) lines where necessary; • Mill and resurface Thurm Boulevard from W. Central to Astronaut Boulevard; • Install solar -powered LED street lighting along the roadway; • Plant native vegetation "islands" along the roadway; • Install pedestrian benches and trash receptacles along the sidewalks; • Relocate sanitary sewer lines in the Thurm Boulevard right-of-way; and • Miscellaneous Striping, Signage and Upgraded Paving as needed. — From Merritt Island/North Beaches TIFT Fund. Such Project(s) is(are) more specifically described and set forth in Exhibit "A", attached hereto and by this reference made a part hereof ARTICLE IV FUNDING AND METHOD OF PAYMENT 2 4.1 The amount payable by COUNTY under this Agreement shall be $1,200,000.00. 4.2 Following execution of this Agreement and within sixty days following receipt of transportation impact fees from the Hyatt Place at 9009 Astronaut Boulevard, the Holiday Inn Express at 995 Shorewood Drive, and the TownePlace Suites at 605 W. Central Boulevard, the Planning and Development Department Director or designee shall provide written notice to Department for the disbursement of TIFT Funds in the amount of $1,200,000.00. ARTICLE V RECORDS 5.1 The COUNTY and the CITY shall have the reciprocal right to review the records of the other as to receipt, allocation and expenditure of Impact Fees, including records as to bid awards and purchase orders. All such inspections shall be made upon reasonable notice and at a reasonable time and place. Upon a request to review or obtain copies of records by one party to the other hereunder, the party responding to a request for review shall furnish assistance as well as copies of appropriate records for the project to the requesting party. 5.2 If CITY has awarded a contract to an independent contractor to perform Project(s) services, CITY shall submit to COUNTY, if requested, a certified copy of the contractor's invoices stating the services rendered and the date the services were rendered specifically identifying TIFT Funds used. 5.3 CITY agrees to furnish to the Planning and Development Department Director, status reports on November 1 of each year identifying the interest accrued, the expenditures to date and the project progress. ARTICLE VI ASSURANCES 6.1 CITY hereby agrees to comply with all applicable state and local laws, ordinances, and codes and regulations. Any conflict or inconsistency between state or local guidelines and regulations and this Agreement shall be resolved in favor of the more restrictive regulations. 6.2 CITY hereby gives COUNTY, through its authorized representative, access to and the right to examine all records, books, papers, or documents relating to the Project(s). 6.3 CITY hereby agrees to maintain books, records and documents in accordance with standard accounting procedures and practices of the CITY which sufficiently and properly reflect all expenditures of funds provided by COUNTY under this Agreement. 3 6.4 CITY agrees to expend TIFT funds allocated to the Project(s) by the expiration date in Article VIII. All TIFT funds not expended within the term of this Agreement shall be returned to the custody and control of the COUNTY. An administrative extension, if requested prior to expiration, may be granted by the Planning and Development Department Director for a period not to exceed one hundred eighty (180) days if just cause is shown. 6.5 CITY agrees to complete each project identified in this agreement. In the event TIFT Funds are not sufficient, the CITY may submit to the COUNTY a request for additional revenue from the TIFT Funds. However, if additional revenue is not provided pursuant to that request, the CITY agrees to utilize its independent resources to complete the project. 6.6 CITY hereby agrees that if it has directly and knowingly caused any funds to be expended in violation of the Agreement, it shall be responsible to refund such monies in full to COUNTY. 6.7 CITY agrees to return to the Department the unexpended TIFT Funds no later that sixty (60) days following the expiration date in Article VIII or within sixty (60) days following an administrative extension under Section 6.4, if applicable, along with a completed Form B, attached hereto and by this reference made a part hereof. An administrative extension for the return of funds, if requested prior to the sixty (60) day expiration period, may be granted by the Planning and Development Department Director for a period not to exceed sixty (60) days if just cause is shown. 6.8 Program interest generated as a result of receipt of TIFT Funds may be retained by CITY provided that this interest shall be added to TIFT Funds committed to the Project(s) by the CITY and used in conjunction with the original allocation to further the eligible project objective. Expenditure of program interest is subject to the terms of this Agreement with Brevard County. Any remaining TIFT funds, including the amount of interest generated in a contract period if not expended for the approved Project(s) shall be returned to COUNTY and shall be placed back in T]FT account for benefit of the Merritt Island/North Beaches Benefit District within the time periods provided in Section 6.7. 6.9 CITY hereby agrees and understands that all funding authorization through a TIFT Fund shall be used only for eligible activities specifically outlined in this Agreement. Revenues shall not be utilized for correcting deficiencies. They shall be utilized to fund the future capacity components for transportation facilities identified in Exhibit "A". 6.10 CITY hereby agrees to submit to the Planning and Development Department within sixty (60) days of the completion of each Project(s), as set out in Article III, a complete financial accounting of all its Project(s) activities, as provided on Exhibit "B", attached hereto and by reference made a part hereof. 4 ARTICLE VII INDEMNIFICATION CLAUSE CITY, to the extent allowed by law, will at all times hereafter indemnify and hold harmless, COUNTY, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the CITY's willful failure to perform any obligation or undertaking of the CITY as set forth in this Agreement. ARTICLE VIII TERM OF AGREEMENT This agreement shall commence on the day the Division Director provides written Notice to Department for the disbursement of TIFT Funds and shall terminate on September 30, 2027. ARTICLE IX TERMINATION 9.1 lf, through any cause, CITY fails to commence work on the project, or fails to fulfill in timely and proper manner its obligations under this Agreement, or if CITY shall violate any of the covenants, agreements, or stipulations of this Agreement, COUNTY shall thereupon have the right to terminate this Agreement and may require the return of funds expended or committed for expenditure in violation of this agreement by giving written notice to CITY of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of termination. If just cause is shown prior to termination, the Planning and Development Department Director may specify in writing the actions that must be taken by CITY and a reasonable date for compliance; as a condition to avoid termination. In no event can the Agreement date be extended beyond the periods provided in this Agreement without amendment to the Agreement executed with the same formality and of equal dignity herewith. 9.2 In the event of termination, upon request by the COUNTY, copies of all finished or unfinished documents, data studies, surveys, drawings, maps, models, reports prepared, and any other like documents secured by CITY with TIFT Funds under this Agreement shall be provided to COUNTY. 9.3 In the best interests of the program and in order to better serve the people in the impact fee districts and fulfill the purposes of the Act, either party may terminate this Agreement upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons 5 for doing so. In the event CITY or COUNTY terminates the Agreement, CITY shall refund COUNTY, all unexpended and unencumbered TIFT Funds received and interest accrued therefrom. 9.4 The parties hereby agree that the following events are sufficient cause for termination of the Agreement. Such events include, but are not limited to: a. Improper use of TIFT Funds; b. Failure to comply with the terms of this Agreement. ARTICLE X INDEPENDENT CONTRACTOR CITY is an independent contractor under this Agreement. Services provided by CITY are subject to supervision by CITY and employees or service providers shall not be deemed officers, employees, or agents of Brevard County. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of CITY, which shall not conflict with COUNTY, or state rules or regulations relating to the use of TIFT Funds. ARTICLE XI ALL PRIOR DISBURSEMENT AGREEMENTS SUPERSEDED This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the disbursement matters contained herein, and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written regarding disbursements unless specifically incorporated into this agreement by writing. This agreement does not supersede Interlocal Agreement signed on March 6, 1990. ARTICLE XII NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place specified, and the place for giving of notice shall remain such 6 until it shall have been changed by written notice in compliance with the provisions of this paragraph. The parties designate the following as the respective places for giving of notice to - wit: FOR COUNTY: Director Planning and Development Department 2725 Judge Fran Jamieson Way Viera, Florida 32940 FOR CITY: City Manager City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920 ARTICLE XIII AMENDMENTS COUNTY may amend this Agreement, if required by legislation, to conform with mandates in state guidelines, directives, and objectives relating to the use of TIFT Funds. Such amendments shall be incorporated by written amendment as a pan of this Agreement and shall be subject to approval of the Board of County Commissioners. Such amendment will not affect specific activities commenced under this agreement prior to amendment which were in compliance at the time of commencement. CITY shall be notified pursuant to ARTICLE XII and such notification shall constitute an official amendment. No other modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. ARTICLE XIV CONFLICT OF INTEREST CITY covenants that no person who presently exercises any functions or responsibilities in connection with the Project(s) has any personal financial interest, direct or indirect, in the Project(s) during this tenure which would conflict in any manner or degree with the performance of this Agreement, and that no person having any conflicting interest shall be employed or subcontracted. Any possible conflicting interest on the part of CITY or its employees shall be disclosed in writing to the Division. 7 ARTICLE XV SEVERABILITY If this Agreement contains any unlawful provisions not an essential part of this Agreement and which shall not appear to have a controlling or material inducement to the making thereof, such provisions shall be deemed of no effect and shall, upon notice by either party, be deemed stricken from this Agreement without affecting the binding force of the remainder of the Agreement. IN WITNESS WHEREOF, this Agreement has been fully executed on behalf of the COUNTY and CITY by their duly authorized representatives on the respective dates below. ATTEST: BREVARD COUNTY BOARD OF CITY OF CAPE CANAVERAL, FLORIDA Date 8 STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me thisi) day of et."44,k 2022 by Kristine Zonka, Chair of the Board of County Commissioners of Beevard County. Florida, who i rsony ly nown t r produced as identification and who did take an oath. i(6,0 r AWL 91. AIL AIL All Atie Alljk 4 70 DEBORAH W. THOMAS lA9'.1/4, • '4'. d Notary Public - State of Florida Commission # HH 017658 My Comm. Expires Jul 5, 2024 1" onded through National Notary Assn, STATE OF FLORIDA COUNTY OF BREVARD NOTARY PUBLIC - State of Florida The foregoing instrument was acknowledged before me this go day of AUG-145-r 2022 by Todd Morley, City Manager of Cape Canaveral, Florida, who iczei:Cinallyki nowto me or produced as identification and who did ta e an oat 1. Uzi NOTARY PUBLIC - State of Florida PATRICIA ANN ROTH MY COMMISSION # HH 001077 • EXPIRES: May 18, 2024 Ji.." Bonded Thru Notary Public Underwriters EXHIBIT "A" PROJECT DESCRIPTION This project includes the design, engineering and construction of the Thurm Boulevard Complete Streets Project in the City of Cape Canaveral, Florida. The proposed scope of work includes but is not limited to the purchase of professional engineering and design services, related permitting and administrative expenses, and construction services and materials for the completion of the following tasks along Thurm Boulevard, between W. Central Boulevard and Astronaut Boulevard, a distance of approximately 3,400 linear feet. Tasks include but are not limited to the following: • Demolition of existing improvements including pavement, curbing, catch basins, sidewalk, etc. • Construct an 8-foot wide pedway where appropriate; • Construct a 5-foot wide sidewalk where appropriate; • Replace concrete curbing where necessary; • Replace water and storm sewer (HDPE) lines where necessary; • Mill and resurface Thurm Boulevard from W. Central to Astronaut Boulevard; • Install solar -powered LED street lighting along the roadway; • Plant native vegetation "islands" along the roadway; • Install pedestrian benches and trash receptacles along the sidewalks; • Relocate sanitary sewer lines in the Thurm Boulevard right-of-way; and • Miscellaneous Striping, Signage and Upgraded Paving as needed. The scope of this project is consistent with the City of Cape Canaveral's Comprehensive Plan and Vision Statement, as well as, Resolution 2011-09, which the City Council adopted to establish a "Complete Streets" policy. The project is contained in the City's FY 22/23 Capital Improvements Plan. 10 EXHIBIT "B" FINAL ACCOUNTING FOR PROJECT Project Name: Thurm Boulevard Complete Streets Improvements From Merritt Island/North Beaches TIFT Fund Date Activity Check # Impact Fee Deposit Project Expense Program Interest* Unexpended Funds TOTALS *Based on SBA Interest Rate Applicable To Each Month