HomeMy WebLinkAboutResolution No. 1979-48 MICROFILMED 4-11-80
RESOLUTION NO. 79-48
A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL,
FLORIDA,. TO ENTER INTO.AN AGREEMENT WITH THE
FLORIDA DEPARTMENT OF NATURAL RESOURCES FOR LOCAL
COOPERATION IN THE CITY OF CAPE CANAVERAL RE-
VEGETATION AND DUNE PRESERVATION PROJECT; PROVIDING
AN.EFFECTIVE DATE.
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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 construction of dune crossovers 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 9th day of November, 1979.
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AGREEMENT
Between
THE STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
and
CITY OF CAPE CANAVERAL
for
LOCAL COOPERATION IN THE CITY OF CAPE CANAVERAL.
REVEGETATION AND DUNE PRESERVATION PROJECT
THIS AGREEMENT, entered into this ao 5/Aday of
19 3c by and between the State of Florida, Department of Natura sources
(hereinafter referred to as "DEPARTMENT"), represented by the Exe ive
Director executing this Agreement, and the City of Cape Canaveral , Brevard
County, Florida. (hereinafter referred to as "LOCAL SPONSOR"), represented
by its City Commission;
WITNESSETH THAT:
WHEREAS, the City of Cape Canaveral , Florida, Revegetation and Dune Preser-
vation Project, hereinafterreferred to as the "PROJECT", was authorized by
the Head of the Department of Natural Resources on ' J9 n,
in accordance with Chapter 161 .09.1,. Florida Statutes; nd 1
WHEREAS, the LOCAL SPONSOR represents that pursuant to the laws of the State
of Florida it has the authority and capability to provide the LOCAL, SPONSOR
cooperation required by State of Florida legislation authorizing the PROJECT
and other applicable State laws; and
WHEREAS, the LOCAL SPONSOR shall perform all engineering, construction in-
spection, advertisement for and award of construction bids, approval of
change orders, accounting for all funds and contract supervision and admin-
istration of the PROJECT.
NOW, THEREFORE, in consideration of the above and mutual covenants contained
herein the parties agree as follows:
1 . The LOCAL SPONSOR covenants that it will , in consideration of the
DEPARTMENT's participation in the funding of the PROJECT subject to .
the limitations contained herein, fulfill the following requirements.
a. Maintain to the maximum extent possible public access and
parking for the PROJECT.
b. Contribute in cash or services the LOCAL SPONSOR' S share
of the PROJECT construction cost and assume full respon-
sibility for. all PROJECT costs in excess of the State cost
limitation, now fixed to be the lesser of either seventy-
five percent of the actual PROJECT cost or an amount not to
exceed thirty-three thousand nine hundred ninety three dollars.
In that this is a nonfederal construction PROJECT, the LOCAL
SPONSOR may use whatever non-state funds or in-kind services
that are available in meeting its obligation to provide
twenty-five percent of the actual PROJECT cost or services
valued at more than eighteen thousand five hundred dollars.
The DEPARTMENT is authorized to pay:
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(1) 75% of the nonfederal construction and maintenance costs
of the PROJECT.
(2) 75% of the nonfederal revegetation costs.
The final apportionment of costs to be made after the actual
costs have been determined.
c. Provide without cost to the State of Florida all necessary lands,
easements and rights-of-way.
d. Hold and save harmless the State of Florida, its agencies,
officers, and employees from any and all liabilities which may
result from the construction or operation of the PROJECT.
e. Make every reasonable effort to assure continued public owner-
ship or continued public use of the shore upon which the amount .
of State participation is based, and its administration for
public use during the economiclife of the PROJECT.
f. Assure maintenance and repair, and LOCAL SPONSOR's share of
periodic beach nourishment, where applicable, during the first
ten (10) years of PROJECT life.
g. Maintain available public access and vehicle parking spaces,
open and available to all on equal terms, for the life of the
PROJECT.
_.. h. Obtain all other necessary federal , state, and local permits,
licenses, easements or other consents prior to commencement
of construction.
2. LOCAL SPONSOR covenants, without restrictions or reservations, to
assume full responsibility for compliance with the following
requirements:
a. The LOCAL SPONSOR Hereby agrees and assures that no person in the
United States shall be excluded from participation in, be denied
the benefits of, or be otherwise subject to discrimination under
the aforementioned PROJECT.
b. The LOCAL SPONSOR covenants that it will not directly or through
contractual or other arrangements, on the ground of discrimination
with respect to the PROJECT:
(1 ) Deny an individual any service, financial aid, or other
benefit provided under the program.
(2) Provide any service, financial aid, or other benefit to an
individual which is different, or is provided in a different
• manner, from that provided to others under the program.
(3) Subject an individual to segregation or separate treatment
in any matter related to his receipt of any service, financial
aid, or other benefit under this program.
(4) Restrict an individual in any way in the enjoyment of any
advantage or privilege enjoyed by others receiving any
service, financial aid, or other benefit under the program.. .
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(5) Treat an individual differently from others in determining
whether he satisfied any admission, enrollment, quota,
eligibility, membership or other benefit provided under .
the program.
(6) Deny an individual an opportunity to participate in the pro-
gram through the provision of services or otherwise, or
afford him an opportunity or benefit which is different
from that afforded others under the program.
c. The LOCAL SPONSOR covenants that it will not, directly or through
contractual or other arrangements, utilize criteria or methods of
administration which have the effect of subjecting individuals to
discrimination or have the effect of defeating or substantially
impairing accomplishment of the objectives of the program.
3. That LOCAL SPONSOR hereby gives the DEPARTMENT the right to enter upon,
at reasonable times and in a reasonable manner, lands which the City of
Cape Canaveral ownsor controls, for access to the PROJECT for the
purpose of inspection, and for the purpose of completing, operation,
repairing, and maintaining the PROJECT, if such inspection shows that .
the LOCAL SPONSOR for any reason is failing to complete, repair and
maintain the PROJECT in accordance with the assurances hereunder and
has persisted in such failure after thirty days' notice in writing by
the DEPARTMENT delivered to the LOCAL SPONSOR. No completion, operation,
repair and maintenance by the DEPARTMENT in such event shall operate
to relieve the LOCAL SPONSOR of responsibility to meet its obligations
as set forth in Paragraph One of this Agreement, or..to. preclude the
DEPARTMENT from pursuing any other remedy at law or equity.
4. The LOCAL SPONSOR shall establish. a special PROJECT account and place
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therein all funds allocated for the PROJECT. Evidence of establish-
ment of such special PROJECT account shall be in the form of an official
Resolution of the Governing Body of the LCOAL SPONSOR with a certified
copy of same furnished to the DEPARTMENT.
a. The LCOAL SPONSOR shall keep an account which shall record the
individual amounts and totals of all investments belonging to
the PROJECT fund.
b. Investment earning from all funds contributed by the State of
Florida to the PROJECT will be refunded to the Department of.
Natural Resources, Erosion Control Trust Fund Account upon
completion of the PROJECT.
5. It is hereby mutually recognized between the parties that all engineering,
construction inspection, advertisement for an award of construction
bids, approval of change orders, accounting for all funds and contract
supervision and administration for the PROJECTS shall be performed by
the LOCAL SPONSOR. Any notificiation of bid awards or request of
approval of the DEPARTMENT OF PROJECT CHANGE ORDERS shall be coordinated
directly between the DEPARTMENT and the LOCAL SPONSOR.
6. Reimbursement to the LOCAL SPONSOR for nonfederal aid PROJECTS by the
DEPARTMENT will be accomplished as follows:
a. The parties agree that the current total estimate of the initial
PROJECT cost (as defined in Section 161 .091 , Florida Statutes)
is $52,546.
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b. The maximum contribution by the DEPARTMENT to this PROJECT is
65% of $52,546 or $33,993 based upon the current total estimate -
of the initial PROJECT costs. The maximum contribution by the.
LOCAL SPONSOR is 35% of $52,546 or $18,553 based upon the
current total estimate of the initial PROJECT costs.
c. Funds available for reimbursement to the LOCAL SPONSOR will be
paid in the amounts as determined available by the DEPARTMENT
subject to legislative appropriationand approved by the Head .
of the DEPARTMENT.
d. The parties hereto recognize and agree that future actions of
the legislative bodies of the respective parties may result in
increased monetary allocations, either in dollar amounts or in
percentage figures, for this or future projects involving dune
restoration. The parties hereto agree that the provisions of
this Agreement shall be subject to such increased PROJECT
allocations as may be permitted by future legislation or
authorization by the LOCAL SPONSOR, unless said legislation
specifically prohibits the use of allocated funds for such
purpose.
e. Release of Erosion Control Trust Fund monies in support of
this PROJECT will be requested upon receipt of a Resolution of
the Governing Body of the LOCAL SPONSOR of the PROJECT that
has enclosed. A statement of Itemized Expenditures detailing
expenditures for which payment:.has been requested. The
Statement of Itemized Expenditures must be certified by the
Director of Fiscal/Finance Services of the LOCAL SPONSOR.
f. The LOCAL SPONSOR shall provide a full and accurate copy of
any record of all official action taken regarding the PROJECT
and shall furnish the DEPARTMENT certified copies of all
official minutes involving any action pertaining to the PRO-
JECT to include:
(1) Quarterly Statement of operations summarizing progress
of the PROJECT, highlights of work accomplished, percen-
tage of completion and problems encountered.
(2) Quarterly financial report enumerating the financial
status of the PROJECT.
g. Funds in the custody of the LOCAL SPONSOR as provided under the
provisions of Paragraph 4 of this Agreement will be invested
as is consistent with the cash requirements of the PROJECT.
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h. The LOCAL SPONSOR shall make .aesessal-e• to , he Internal Auditor
of the DEPARTMENT, as requested, all accounts and records of the
PROJECT maintained by the LOCAL SPONSOR. When the PROJECT is
• completed and a final accounting has been accomplished, the LOCAL
SPONSOR shall furnish to the DEPARTMENT copies of_ such final • .
financial report.
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7. The parties agree, that notwithstanding anything in this Agreement to
the contrary, the current total estimate of the initial construction
costs, including engineering and design costs and supervision and in-
spection of the City of Cape Canaveral , Florida, Revegetation and
• Dune Preservation Project is $52,546. It is mutually recognized
between the parties that the LOCAL SPONSOR has allocated the amount
of $18,553 as its share of the nonfederal participation funds for, the
PROJECT and it is therefore agreed that the LOCAL SPONSOR shall give
the DEPARTMENT thirty days prior notice of its intention to advertise
the PROJECT for bids, accompanied by updated cost estimates of con-
struction and all other costs to be borne by the LOCAL SPONSOR. It
is further mutually recognized between the parties that the DEPART-
MENT shall reserve the right to require the LOCAL SPONSOR to rescind
all construction bids if the lowest bid results in a contribution by
the DEPARTMENT in excess of twenty-five percent (25%) of the last
• updated cost estimate furnished the DEPARTMENT by the LOCAL SPONSOR
as provided in this Agreement.
8. The DEPARTMENT reserves the right to terminate or cancel any or all
portions of this Agreement upon the failure of the LOCAL SPONSOR to
perform in conformance with the herein contained mutual covenants.
IN WITNESS WHEREOF, the parties hereto have executed this contract on the day
and year first above written.
STATE OF FLORIDA, DEPARTMENT OF CITY OF CAPE CANAVERAL
NATURAL RESOURCES
40060" - --
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By its CITY COUNCIL
BY
BY: -
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M.A
ATTEST: ATTEST.
fY) , •
DATE gO .Dzeury LiTy CLERK
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APPROVED AS TO
RM AND LEGALITY
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