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HomeMy WebLinkAboutR-94-34 RESOLUTION NO.: R-94-34 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND INDIAN RIVER COUNTY, PERTAINING TO THE FLORIDA BOAT IMPROVEMENT PROGRAM, TO PROVIDE $40,000.00 FOR SEBASTIAN YACHT CLUB RENOVATIONS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. W~EREAS, the City of Sebastian, Indian River County, Florida, desires to enter into a tri-party agreement with the State of Florida, Department of Environmental Protection, and Indian River County, in order to receive up to $40,000.00 in funding from the Florida Boat Improvement Program for the purpose of renovations to the Sebastian Yacht Club; and W~EREAS, the City Council of the City of Sebastian has determined that entering into this tri-party agreement would be in the best interest to the citizens of the city of Sebastian. NOWv THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. The Mayor and City Clerk are authorized to enter into a tri-party agreement between the State of Florida, Department of Environmental Protection and Indian River County, for the purpose of receiving $40,000.00 from the State of Florida, Department of Environmental Protection, as part of the Florida Boat Improvement Program for renovations to the Sebastian Yacht Club. (A copy of said agreement is attached hereto to Exhibit "A"). Section 2. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. ~ BEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the city Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the city Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE D~TE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Council Member ~..~ vote, the vote was as follows: Mayor Arthur L. Firtion Vice-Mayor Carolyn Corum Council Member Norma J. Damp The motion was seconded by and, upon being put to a Council Member Robert Freeland Council Member Frank Oberbeck / The Mayor thereupon declared this Resolution duly passed and adopted this ~- day of ~ .8,,~._.. , 1994. CITY OF SEBASTIAN, FLORIDA Arthur L. Firtion, Mayor ATTEST: a~hry~/MC O,Halloran, CMC/AAE ~ity Clerk (SEAL) I HEREBY_.~CERTIFY that notice of public hearing on this Resolution was published in the Vero Beach Press Journal as required bY SeCtion 20A-2.6 D.1 of the Land Development Code of the City of Sebastian, Florida, that one public hearing was held on this Resolution at 7:00 p.m. on the 8th day of June, 1994, and that following said public hearing this Resolution was passed by the city. Council Kathry~ M. O Hall0ran, cMC/AAE city Clerk 3 . Ef,.l-/i61T "A" STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BOATING IMPROVEMENT PROGRAM TRI-PARTY DEVELOPMENT PROJECT GRANT AGREEMENT Contract No. Cf3y5V This Agreement is entered into this day of 19 , between the State of Florida, Department of Environmental Protection, hereinafter referred to as the DEPARTMENT, Indian River County, hereinafter referred to as the COUNTY, and the City of Sebastian, hereinafter referred to as the CITY, in pursuance of a project approved under the Florida Boating Improvement Program (FBIP). 1. This Agreement shall be performed in accordance with Sections 370.021(1), 327.25(12), and 327.28, Florida Statutes, and Chapters 16A-11 and 16D-5, Part III, Florida Administrative Code, which are hereby incorporated by reference as if fully set forth herein. 2. The COUNTY, as the official applicant and recipient of program funds, shall be responsible for grant administration and accountability. The CITY shall act as agent for the COUNTY for construction of the project authorized by this Agreement. 3. The CITY agrees to construct the project known as Sebastian Yacht Club Renovations, (FBIP project No. B94020), in accordance with the plans and specification prepared by, or under the supervision and review of, a registered professional Page 1 of 7 . architect, engineer or other appropriate professional. These elements are identified in the project application which is made a part of this Agreement by reference: deck replacement, handrail, benches, lighting and construction of a new wave attenuator and extension of the north and south finger piers. 4. This Agreement shall become effective upon execution by the DEPARTMENT. The CITY agrees to complete the project on or before one year from the effective date. 5. The DEPARTMENT agrees to obligate and make available to the COUNTY the approved project amount of $40,000.00 for the project authorized by this Agreement. The DEPARTMENT will release the funds on a reimbursement basis. The DEPARTMENT, COUNTY and CITY understand and agree that there shall be no reimbursement of funds by the DEPARTMENT for any expenditure made prior to the execution of the Agreement with the exception of $0 for the following expenditures: None. 6. Alexandra H. Weiss, Community Assistance Consultant or her successor, designated as the DEPARTMENT'S project Manager for the purpose of this Agreement, is responsible for ensuring performance of its terms and conditions and shall approve all payment requests prior to payment. The COUNTY shall submit to the DEPARTMENT signed quarterly project status reports on a calendar basis summarizing work accomplished, problems encountered, percentage of completion, and other appropriate information. Photographs shall be submitted when appropriate to reflect work accomplished. Page 2 of 7 7. . The .DEPARTMENT'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 8. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity and the limitations set forth in section 768.28, Florida Statutes. 9. Upon project completion, the engineer, architect or other appropriate professional shall sign a statement certifying satisfactory completion of the project in accordance with the prepared plans and specifications. 10. Asphalt paving shall conform with the Florida Department of Transportation's specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders must specify thickness of asphalt and square yards to be paved. 11. Eligible and ineligible program costs are established in Chapters 16A-ll and 16D-5, Part III, Florida Administrative Codes. The COUNTY shall submit payment requests and expenditure documentation to the DEPARTMENT in accordance with the DEPARTMENT's Grant and Contract Accountability pOlicy, Chapter 16A-11, Florida Administrative Code, said requests being in detail sufficient for a proper pre-audit and post-audit thereof. The Project Manager shall, within sixty (60) days after receipt of a payment request, review the work accomplished to date on the project and, if in order, approve the request for payment. The DEPARTMENT shall retain 10% of the grant amount until completion Page 3 of 7 of the project and all final project documentation has been submitted by the COUNTY and approved by the DEPARTMENT. 12. The CITY is responsible for obtaining all state and federal permits, licenses, agreements, leases, easements, etc., required for the project. 13. The COUNTY and CITY shall retain all records supporting project costs for three (3) years after the fiscal year in which the final program payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim, or audit that started prior to the expiration of the three-year record retention period. 14. The DEPARTMENT reserves the right to inspect the project as well as the right to audit any and all financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally cancelled by the DEPARTMENT should the COUNTY or CITY refuse to allow public access to all documents, papers, letters or other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter 119, Florida statutes. 15. The COUNTY and CITY agree that the project, when completed, shall be dedicated for public recreational uses. The dedication shall extend for a minimum of twenty-five (25) years and shall be recorded in the public property records. The COUNTY and CITY further agree to return to the DEPARTMENT funds tendered for the project in the event the project becomes utilized for other than the purposes of the project during this period. 16. The CITY shall erect a permanent sign identifying the DEPARTMENT as a funding source of project construction. Page 4 of 7 17. The DEPARTMENT shall have the right to terminate this Project agreement and demand refund of Program funds for non- compliance with the terms and conditions of the Program. Failure to comply with these terms and conditions shall result in the DEPARTMENT declaring the COUNTY ineligible for further participation in the Program until such time as the COUNTY and CITY comply therewith. 18. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 19. This Agreement strictly prohibits the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. 20. Any local governmental entity, nonprofit organization, or for-prOfit organization that is awarded funds from a grants and aids appropriation by a state agency shall: (a) If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45; (b) If the amounts received exceed $25,000 but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45 or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of the grant; or (c) If the amounts received do not exceed $25,000, have the Page 5 of 7 '. head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of the grant. 21. If it becomes necessary for the DEPARTMENT to demand a refund of any or all funds tendered pursuant to this Agreement, the COUNTY and CITY agree to return said funds to the DEPARTMENT within sixty (60) days after notification by the DEPARTMENT. If not returned within sixty days, the COUNTY and CITY understand and agree that any further COUNTY requests for funding as to this or any other program under the DEPARTMENT'S administration shall be denied until the funds have been returned. 22. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT, the COUNTY and CITY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the amount identified or to return the amount due. 23. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing duly signed by each of the parties hereto, and attached to the original of this Agreement. 24. The DEPARTMENT, COUNTY and CITY mutually agree to the following special terms and conditions incorporated as part of this Agreement: None. Page 6 of 7 " IN WITNESS WHEREOF, the presents to be duly executed written. parties hereto have caused these on the day and year first above STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: By: Chairman or designee* Fran P. Mainella, Director Division of Recreation and Parks Title: Address: 1840 25th Street Vero Beach, Florida 32960 ~I)C\ An )4~.QA/7? DEP roject Manager ~a ,flkwffi P ontrac Administrator COUNTY Attorney CITY4:W/~ By: S2": Arthur L. Firtion Title: Mayor as to Legali ty: Address: 1225 Main Street Sebastian, Florida }2958 ~s : Y/(~ Kathry 0 Halloran, City Clerk r-/ DEP Attorney City Att ney Charles Ian Nash , *If someone resolution, to sign the contract. other than the Chairman signs the contract, a statement or other document authorizing that person contract on behalf of the county must accompany the Page 7 of 7