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resolutions in conflict herewith are hereby repealed.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
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