HomeMy WebLinkAboutResolution No. 1980-16 MICROFILMED 1-18-83
RESOLUTION NO. 80-16
A RESOLUTION AUTHORIZING THE CITY OF
CAPE CANAVERAL, FLORIDA, TO AMEND
THE AGREEMENT AUTHORIZED BY RESO-
LUTION NO, 79-48 WITH THE FLORIDA DE-
PARTMENT OF NATURAL RESOURCES FOR
LOCAL COOPERATION IN THE CITY OF CAPE
CANAVERAL RE-VEGETATION AND DUNE
PRESERVATION PROJECT; PROVIDING AN
EFFECTIVE DATE.
0BE IT RESOLVED by-the City Council of the City of Cape
Canaveral, Florida, as follows: ,
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SECTION 1. The Mayor and the City Clerk are hereby .a
,
• authorized to amend the Agreement authorized by Resolution No. 79-48
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 and proposed Amendment thereto is attached and made
part hereof by reference.
SECTION 2. This resolution shall become effective imme-
diately upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida this 29 day of May, 1980.
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''Attest , ; .
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Approved .as,to`form:
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-. NAME
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. t.m.g-/� BOYD
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{' LEE
%f MURPHY
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MIGROFFLN,ED ,
AGREEMENT -
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Between . .
THE STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
and
CITY OF CAPE CANAVERAL
for
LOCAL COOPERATION IN THE CITY OF CAPE CANAVERAL
REVEGETATI.ON AND DUNE PRESERVATION PROJECT
THIS AGREEMENT, entered into this 0,25-5/Aday of - A2/1/1�( M
19_ C� by and between"the State- of Florida, Department of Natura sources
(hereinafter referred to as "DEPARTMENT"), represented by the Exe u 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;
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WITNESSETH THAT:
WHEREAS, the City of Cape Canaveral , Florida, Revegetation and Dune Preser-
vation Project, hereinafter- referred to as the "PROJECT", was authorized by
the Head of the Department of Natural Resources on .9 , 19 gb.,
in accordance with Chapter 161 .091,. Florida Statutes; %nd
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 FIQraFia_1egisla_tion authorizing_the PROJECT
and--other appyicab-le"State
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.
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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.
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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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MICROFILMED 1-18-83
(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 economic life 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 - - ;t =
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..
M ICROFI LIVED .1-18-83
(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 owns or 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 preclude the
DEPARTMENT from pursuing any other remedy at law or equity. -
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4The LOCAL SPONSOR shall establish a. . ecial PROJECT account an lace
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
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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 appropriation and 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 wbi-ch. 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. I
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 Qcc&s -bbll-e- to ;the 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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MICROFIL ED" 1-1.8-83 '
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-
t4ENT 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
By its CITY COUNCIL
BY: BY• I„,
MAIJOr
ATTEST: ATTEST”
11Y) &_Aix Lez_2 (24-ezz.?4,2?"--DATE: 5/8 o . TE13'TI� CITY CLERIC ,�
APPROVED AS TO
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RM AND LEGALITY
e ORNEY. -D-N-R
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I '!; : ' . • MICROFILMED 1-18-83
RESOLUTION NO. ECA 80-3
AUTHORIZING PAYMENT OUT OF THE -EROSION CONTROL
TRUST FUND ACCOUNT IN THE AMOUNT OF $ 33,993 •
TO PROVIDE STATE SUPPORT FUNDS FOR BEACH
EROSION CONTROL AS LISTED.
WHEREAS, a resolution from the - City Council, City of
Cape Canaveral having been day presented and considered;
• and,
WHEREAS, the request made in this resolution is for the transfer
of state support funds forthe City of Cape Canaveral Revegetation and Dune
Preservation Project
• approved by the Department of Natural Resources of the State of Florida,
on January 8, 1980 , 1980 ;
NOW THEREFORE BE IT RESOLVED, by the Department of Natural Resources
of the State of Florida, that there is hereby authorized for payment out of
the Erosion Control Trust Fund Account,- in the-General Revenue Fund of the
State of FLorida, the total sum of $ 33,993 constituting State support
funds for City of Cape Canaveral Revegetation and Dune Preservation Project
• as follows: construction of fifteen (15) dune crossovers and restore and
rebuild the primary dune line of the Atlantic Beaches within the City of
Cape Canaveral .
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A WARRANT for payment approved hereby shall be issued by the
Comptroller on request of the- Executive Director of the Florida Department
of Natural Resources.
PASSED AND [DOTTED, this V 8th • day of January
A.D. , 198 0.
FLORIDA DEPARTMENT OF NATURAL RESOURCES T
Of
.40"v
BY: AMP(
ecutive Director
ATTEST:
Title
- .• .a_, �>� , . MICROFILMED 1-18:g
AMENDMENT TO AGREEMENT BETWEEN
STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES
AND
CITY OF CAPE CANAVERAL, FLORIDA
Whereas the State of Florida Department of Naural
Resources, hereinafter referred to as Department, and the City
• of Cape Canaveral, Brevard County, Florida, hereinafter referred
to as Local Sponsor executed on February 25, 1980, an Agreement
for a revegetation and dune preservation project; and
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Whereas, the initial project cost as reflected in the
February 25, 19£0, Agreement was estimated by the Local Sponsor
based upon its ability to perform the work in-house; and
Whereas, subsequent to such initial estimate, the Local
Sponsor determined that it could not perform the required work
and would have to advertise such work for competitive bids; and
Whereas, the bidding process has reflected that the initial
estimate of the project cost was lower than reflected in the bids,
now, therefore,
In consideration of the mutual covenants contained herein,
the parties hereto agree as follows :
I. The provisions of Subparagraph lb. of the Agreement
between the Department and Local Sponsor attached hereto and by
this reference made a part hereof, are amended to read as follows :
lh. Contribute in cash or services the Local
Sponsor' s share of the Project construction -
cost and assume full responsibility for all
• project costs in excess of the State cost
*limitation now fixed to be the lesser of
either 75% of the actual project cost or an
• 'amount not to exceed $64 , 012.50. The Department '
• is authorized to pay:
(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.
II. Subparagraph 6a. of the attached Agreement is amended
to read as follows:
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ICROFILMED 1-1S'$3 et0C231
6a. The parties agree that the current total
estimate of the initial Project cost
(as defined in Section 161 . 091 Florida
Statutes) is $110, 350. ,
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III. Subparagraph 6b. of the attached Agreement is amended
to read -as follows:
6b. The maximum contribution by the Department
to this project is 58% of $110 , 350 or
$64 ,012 .50 based upon the current total
• , estimate of the initial Project costs.
The maximum contribution by the Local
Sponsor is 42% of $110, 350 or $46, 337 . 50
- , based upon the current total estimate of
the initial Project costs.
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IV. Paragraph 7 of attached Agreement is amended to read as
follows: •
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 super-
vision and inspection of the City of Cape Canaveral ,
Florida, Revegetation and Dune Preservation Project
is $110, 350. It is mutually recognized between the
parties that the Local Sponsor has allocated the
amount of $46,337 . 50 as its share of the Project's
costs. .
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IN WITNESS WHEREOF, the parties hereto have executed this
Amendment to Agreement Between State of Florida Department of
Natural Resources and City of Cape Canaveral, Florida. ••
Executed this day of June, 1980.
ATTEST STATE OF FLORIDA DEPARTMENT .-.
OF NATURAL RESOURCES
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c,Lm1 By (P/a' -
. Executiv \Secretary Execut• ,e Director
,_,4_ . _
Da
ATTEST: . CITY OF CAPE CANAVERAL .
• By its City Council .
1/
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1 , 1 t cs-Itc,r By ►- L� dr
CitI5 Clerk . .yo r
0)9 11 �o
Date •
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Appr v as to Form
and Legal Sufficiency -2-
j DNR Attorney