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HomeMy WebLinkAboutResolution No. 1985-23 MICROFILMED AUG 87 RESOLUTION NO. 85-23 A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA, TO ENTER INTO AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF NATURAL RESOURCES FOR THE DUNE CROSSOVER PROJECT PHASE II, IN THE CITY OF CAPE CANAVERAL; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral , Florida, as follows : SECTION 1 . The Mayor and City Clerk are hereby authorized to execute an Agreement with the Florida Department of Natural Resources for the Dune Crossover Project Phase II including Dune • Crossover Extensions , Dune Protective Fencing and Dune Stablizing ,. Plants , in the City of Cape Canaveral , Florida. A copy of said • Agreement is attached hereto and made part hereof by reference. SECTION 2. This resolution shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 2nd day of April , 1985. C i i ....tc.d. -- 'CIL. ge...2. ayor ATTZ'6! , I / -4-4-4,4 4C NAME y Clerk 1:111 1 FISCHETTI MARCHETTI \� Approve as. to Form: NICHOLAS t ,14 RUTHERFS?RD: ■ i ,. j . '= Attorney 1 FLORIDA DF13ARTMENT OF NATURAL RESOURCESN-Pntn, ,) ij DIVISION OF BEACHES AND SHORES PAA EROSION CONTROL PROGRAM MR coNTRAOT No, Project Agreement THIS AGREIMNT, dated this 0_ day of 1444444 , 19ES , by and between the Florida Department of Natural Resources, Division of Beaches and crzes, 'nereinafter referred to as DEPARTMENT, and the City of Cape Canaveral , Florida, hereinafter referred to as LOCAL SPONSOR. ieJTI.1‘.;ESSETH: That in and for the mutual covenants between the DEaRTMEM and the LOCAL :: (= , it is agreed as follows: I, The Covernor and CAbinet, sitting as Head of the Department of Natural Puroas, at their meeting of .. LAApektfAe approved this agreamant in accordance with Chapter 161.091, Florida Statutes, on behalf of the Loam, SPONSOR for the erosion control project known as the Cape Canaveral Dune Protective Project hereinafter referred to as the PROJECT. 2. The LOCAL SPONSOR agrees to perform or cause the performance of eligible activities for the PROJECT identified in Paragraph 3 of this agreement, such rerformence being in accordance with the PROJECT plans and_ specifications in DEPARTMENT permit number A BE-238 dated February 11, 1285 which are incorporated and by reference made a pert of this agreement, at the approved PROJECT location site, a description of which is attached hereto and made a part hereof as Attachment "A." 3. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated cost of eli- gible items for the PROJECT are as follows: Eligible It Estimated Cost 75% Department Local Cost Cost Total Cost Dune Crossover Extension $51,750 $17,250 $ 69,000 Dune Protective Fencing 9,000 3,000 12,000 Dune Stabilizing Plants 14,250 4,750 19,000 Total Eligible Item Cost $75,000 $25,000 $100,000 The DEPARTMENT and the LOCAL SPONSOR further agree that any and all activi- ties associated with the PROJEOP that are not shown in the above eligible ital. listing are the responsibility of the LOCAL SPONSOR and are not a part of this agreement. Ng �,s �f w forr ��4 ?7 The DEPARTMENT's financial obligation shall not exceed the sum of $75,000 for this PROJECT or 75% of the actual eligible PROJECT cost, whichever is less. The LOCAL SPONSOR financial obligation shall be $25,000 for this PROJECT or 25% of the actual eligible PROJECT cost. In the event the total PROJECT cost at completion exceeds the estimated cost of $100,000 the LOCAL SPONSOR shall assume full responsibility for and shall pay all cost in excess of $100,000 • 4. The LOCAL SPONSOR will submit a request for reimbursement of funds on such forms, as attached hereto as Attachment "B", as furnished to the LOCAL SPONSOR by the DEPARTMENT not more frequently than monthly. These forms shall be certified as accurate by the LOCAL SPONSOR PROJECT Administrator and the LOCAL SPONSOR PROJECT Financial Officer and submitted to the DEPARTMENT as a payment request. The contract manager has 30 days after receipt of an interim report and billing to determine that the work has been accomplished prior to approving the billing for payment and 60 days after receipt of the final report and billing to perform the final inspection and certification that the project has been completed pursuant to the contract before approving the final billing for payment. Upon approval of the payment request the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten percent (10%) which will be retained on account. The cumu- lative retainage shall be disbursed to the LOCAL SPONSOR when the PROJECT is certified complete by the LOCAL SPONSOR and the DEPARTMENT staff. A final PROJECT certification inspection by the DEPARTMENT staff shall be made not more than 60 days after the PROJECT has been certified as complete by the LOCAL SPONSOR. 5. The LOCAL SPONSOR shall commence construction of the PROJECT on or after execution of this agreement, and shall complete the project on or before June 30, 1986 The DEPARTMENT and the LOCAL SPONSOR agree that there shall be no reimbursement of funds by the DEPARTMENT for any obliga- tions or expenditures for the PROJECT made prior to the commencement date of this PROJECT. The effective date of the PROJECT legislative appropriation is July 1, 1983 • (2) r,i71 - , L U A 0"it3 8 7; 6. The LOCAL SPONSOR agrees that it will make every reasonable effort to insure the continued public ownership of those lands lying upland of the PROJECT site and further agrees to make every reasonable effort to insure the main- tenance of the public access and vehicular parking area lying upland from the PROJECT site during the life of the PROJECT defined as 10 years 7. The LOCAL SPONSOR will not discriminate against anyone with regard to race, creed, sex, national origin, or location of user's residence during or after construction of the PROJECT. The LOCAL SPONSOR will comply with all federal, state, and local laws, ordinances, rules, and regulations regarding discrimination. 8. The LOCAL SPONSOR hereby insures that it has in force and shall maintain in force throughout the PROJECT period all insurance coverage to include those classifications as listed in Standard Liability Insurance Manuals, which most nearly reflect the operation of the LOCAL SPONSOR which are necessary 4 for the PROJECT and which are appropriate and allowable pursuant to Florida Statutes. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. • 9. The PROJECT SPONSOR shall fully comply with all applicable laws concerning bidding and purchasing. 10. The LOCAL SPONSOR will hold and save the DEPARTMENT harmless from liability of any nature or kind, including cost and expenses for or on account of any or all suits or damages of any character resulting from injuries or damages sustained by any person(s) or property by virtue of the existence of the PROJECT. 11. The LOCAL SPONSOR will permit the DEPARTMENTS staff to examine all PROJECT records and grant then rights to audit any PROJECT books, documents, and papers during the PROJECT construction and following completion of the PROJECT. The LOCAL SPONSOR shall maintain the records, books, documents, and papers for at least three (3) years following canpletion of the PROJECT. This agreement can be unilaterally cancelled by the DEPARWENT • should the LOCAL SPONSOR refuse to allow public access to all documents, • papers, letters, or other material made or received in conjunction (3) • • tier mrD - Atie 3 with the contract pursuant to the provisions of Chapter 119, Florida Statutes. Following receipt of an audit report identifying any reimbur- sement due the DEPARTMENT for noncompliance with the agreement, the LOCAL SPONSOR will be allowed a maximum of 60 days to submit any additional per- tinent documentation to offset the amount identified as being due the DEPARTMENT. 12. The LOCAL SPONSOR will appoint a liaison officer to be responsible for the implementation of the provisions of this PROJECT agreement and for the sub- mission of progress reports at least every 90 days from the date of the execution of this agreement until the PROJECT is certified complete. Each progress report shall be submitted to the DEPARTMENT within 15 days after the due date of the progress report. 13. In the event the LOCAL SPONSOR fails to comply with the terms and con- ditions of this agreement, the agreement may be considered null and void, and the DEPARTMENT will have the right to cancel its financial and legal Obligation as identified in this agreement and may demand reibursement of 3 any and all funds disbursed to the LOCAL SPONSOR for this PROJECT. 14. The DEPARTMENT's contract manager for the PROJECT shall be responsible for insuring performance of the terms and conditions of this agreement and • shall serve as a liaison with the LOCAL SPONSOR and shall approve all LOCAL SPONSOR requests for payment. The DEPARTMENT's contract manager is Lonnie L. Ryder for the Division of Beaches and Shores, or • his successor. 15. This agreement and the incorporated Attachments A and B represent the entire agreement of the parties. Any amendments of the provisions of this contract shall only be valid when they have been reduced to writing and duly signed by each of the parties hereto. 16. Any inequities that may subsequently appear in this agreement shall be sub- ject to negotiation upon written request of either party, and the parties agree to negotiate in good faith as to any such inequities. 17. This agreement shall be executed in duplicate, each copy of which shall for all purposes be considered an original. 18. Special conditions: a. The LOCAL SPONSOR shall, at a minimum, comply with the monetary limits for (4) . . • , , . • competitive acquisition of both materials and services as required by 4,4 0 R 0;iiP:ic g PH ro ..:2) A Chapter 287, Florida Statutes, and written documentation shall be main- tained to justify any departure from this requirment. Chapter 237, Florida Statutes, is expressly made a part of this agreement and is incorporated herein by reference as if fully set forth. b. For this PROJECT only, _aoontractual services, as specified in Attachment "B", are eligible for reimbursement. c. Department of Natural Resources Rule Number 16B-36, entitled Beaol; Erosion Control Assistance Program is expressly made a part of this agreement and is incorporated herein by reference as if fully set forth. d. For any year in which this contract extends beyond the end of the DEPARTMENTes fiscal year (june' 30) , then performance by the DEPARTMENT under this contract shall be subject to and contingent upon the availa- bility of funds lawfully appropriated to the DEPARTVANT for the pur- poses of this contract. e. If reimbursement of travel expenses is provided for in this contract then such reimbursement shall be subject to and comply with Section 112-061$ Florida Statutes. . . . IN WITNESS WHEREOF, the parties hereto executed this agreeffn.:.nt on the Coy and year first written. State of Florida DEL,- ,11,106, *F.P NATURAL I OUR= :I /t By: .._41 7 I At,■■ 'Yr.74711F,,Fi SS iiitonY: issendanner Executi e Director _ . (Seal) c-i ,,,„ / ITNFY3 ;-?7 Ci , of Cap,- -. averal A / By: lie If id L. A SgnacurA ......._ ..... _ (Seal) Name Wayne Rutherford Title Mayor APPROVED , i APPRCTIP,D AS TO FORM AND r.r;Gz‘t.Tiry' dPif re .. % / BY ....._ : 4...164 4k ‘ . ■ ___ By:.... Con 'Et .4-;nistratarlr --- A torney for the Departmant Natural Resources APPR71:, I By: (4/144—__Z Contract Manager (5) • . . . . . . .