Res 12-80 RESOLUTION NO. 12-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PROVIDING EVIDENCE TO THE STATE OF
FLORIDA, DEPARTMENT OF NATURAL RESOURCES, OF THE ESTAB-
LISHMENT OF A SPECIAL PROJECT ACCOUNT FOR THE CITY OF
DELRAY BEACH SAND SEARCH, VEGETATION, BEACH AND REEF
MONITORING PROJECT; PROVIDING FOR CERTIFIED COPIES TO BE
PROVIDED TO SAID DEPARTMENT.
WHEREAS, the City Council of the City of Delray Beach, Florida,
and the State of Florida, Department of Natural Resources are entering
into an Agreement for funding of the City of Delray Beach Sand Search,
~egetation, Beach and Reef Monitoring Project; and,
WHEREAS, said Agreement provides for the release of State funds
upon receipt by the State of Florida, Department of Natural Resources of a
Resolution of the City Council of the City of Delray Beach, Florida, evi-
dencing the establishment of independent accounting procedures for said
Project funds and the deposit of non-state funds to said account,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That notice is hereby given to the State of Florida,
Department of Natural Resources of the establishment of independent ac-
counting procedures for funds allocated to the "City of Delray Beach Sand
Search, Vegetation, Beach and Reef Monitoring Project".
Section 2. That all non-state funds allocated to the "City of
Delray Beach Sand Search, Vegetation, Beach and Reef Monitoring Project"
required under the terms of the proposed Agreement which is attached here-
to and made a part hereof, shall be deposited to said account for dis-
bursement in accordance with the accounting procedures established by said
Agreement between the State of Florida, Department of Natural Resources
and the City of Delray Beach, Florida.
Section 3. That the City Clerk of the City of Delray Beach,
Florida, is hereby authorized to provide certified copies of this Resolu-
tion to the State of Florida, Department of Natural Resources, and all
other necessa~' public agencies and officials.
PASSED AND ADOPTED in regular session on this the 28th day of
January, 1980.
M A Y O~
LEON M. WEEKES
ATTEST:
City Clerk
AGREEMENT
Between
· THE' STATE OF FLORIDA
DEPARTMENT' 'OF NATURAL' RESOURCES
and
'CITY OF DELRAY BEACH
for
LOCAL COOPERATION IN THE SAND' SEARCH,' VEGETATION,
BEACH AND REEF MONITORING PROJECT
THIS AGREEMENT, entered into this day of ,
19 , by and between the State of Florida, Department of Natural
- Resources (hereinafter referred to as "DEPARTMENT"), represented
by the Executive Director executing this Agreement, and Delray
Beach, Palm Beach County, Florida (hereinafter referred to as
"LOCAL SPONSOR"), represented by its City ~Council;
'WITNESSETH THAT:
WHEREAS, the City of Delray Beach Sand Search, Vegetation Beach
and Reef Monitoring Project, hereinafter referred to as the
"PROJECT", was authorized by the Head of the Department of
Natural Resources on ............ ,
in accordance with Chapter 161.091, Florida Statutes; and
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 shall perform all engineering, construction inspection,
advertisement for and award of construction bids, approval of
change orders, accounting for all funds and contract supervision
and administration 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
responsibility for all project costs in excess of the
State cost limitation, now fixed to be the lesser of
either seventy-six point two percent of the actual
project cost or an amount not to exceed one hundred,
sixty-six thousand five hundred 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-three point eight percent of the actual project
cost or services valued at more than fifty-two thousand
dollars. The DEPARTMENT is authorized to pay up to:
(1) 75% of the nonfederal construction and maintenance
costs of the PROJECT.
(2) 75% of the nonfederal biological monitoring costs.
(3) 75% of the nonfederal revegetation costs.
(4) 75% of the nonfederal monitoring post-construction
shoreline changes.
(5) 75% of the basic engineering data costs not to
include PROJECT engineering and design, engineering
supervision and inspection.
(6) 75% of PROJECT monitoring costs.
(7) 100% of inlet sand transfer projects when the primary
purpose is beach nourishment.
(8) 100% of the cost of acquisition of sand-source data.
(9) 75% of any additional PROJECT cost involved in
placing sand-source data.
(10) 100% of any additional PROJECT cost involved in
placing sand on nearby beaches in inlet maintenance
dredging projects where the State is the upland
owner.
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 neces-
sary lands, easements and rights~of~way.
d. Provide permanent public access to project areas at
approximately one-half mile intervals.
e. 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 projects.
f. Select a Project Engineer on a competitive negotiation
basis as outlined in Chapter 287, Florida Statutes;
Engineering for the project shall be by contract between
the Engineer and LOCAL SPONSOR, as approved by the
DEPARTMENT. The Project Engineer shall be a professional
engineer, registered in the State of Florida, qualified
in coastal engineering. The Engineer shall furnish all
services usually performed by an engineer, including
regular inspection of work performed and final inspection
6f the completedAproject with written certification that
the project has been completed in accordance with the
approved.project plans and specifications.
g. Make every reasonable effort to assure continued public
ownership 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.
h. Assure maintenance and repair, and LOCAL SPONSOR's share
of periodic beach nourishment, where applicable, during
the first ten (10) years of PROJECT life.
i. Maintain available public access and vehicle parking
spaces, open and available to all on equal terms, for
the life of the PROJECT.
j. Control water pollution to the extent necessary to safe-
guard the health of bathers.
k. Obtain all other necessary federal, state, and local
permits, licenses, easements or other consents prior to
commencement of construction.
1. If no federal Environmental Impact Statement is prepared,
provide the department with sufficient technical and
scientific data for the department to determine the
environmental impacts of the project, what steps will be
taken to mitigate adverse environmental impacts, what
monitoring programs will be implemented, and what alter-
natives exist to conducting the project as proposed.
2. LOCAL SPONSOR covenants, without restrictions or reservations,
to assume full responsibility for compliance with the follow-
ing 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, o~
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.
~ (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 program 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 Delray Beach owns or controls, for
access to the PROJECT for the purpose of inspection, and for
the purpose of completing, operating, repairing, and main-
taining 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 main-
tenance 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 therein all funds allocated for the PROJECT.
Evidence of establiskment of such special PROJECT account
shall be in the form of an official Resolution of the
Governing Body of the LOCAL SPONSOR with a certified
copy of same furnished to the DEPARTMENT.
a. The LOCAL SPONSOR shall keep an account which shall
record the individual amounts and totals of all invest-
ments 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
and award of construction bids, approval of change orders,
accounting for all ~funds and contract supervision and admini-
stration for the PROJECTS shall be performed by the LOCA~
SPONSOR. Any notification 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 pro-
jects 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 $218,500.
b. The maximum contribution by the DEPARTMENT to this
PROJECT is 76.2% of $218,500 or $166,500 based upon the
current total estimate of the initial PROJECT costs.
The maximum contribution by the LOCAL SPONSOR is 23.8%
of $218,500 or $52,000 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 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 ths
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 sup-
port 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 re-
garding the PROJECT and shall furnish the DEPARTMENT
certified copies of all official minutes involving
any action pertaining to the PROJECT to include:
(1) Quarterly Statement of operations summarizing
progress of the PROJECT, highlights of work
accomplished, percentage 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 require-
ments of the PROJECT.
h. The LOCAL SPONSOR shall make accessible 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.
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 inspection of the City
- of Delray Beach Sand Searc~ Vegetation Beach and Reef
monitoring project is $218,500. It is mutually recognized
between the parties that the LOCAL SPONSOR has allocated
the amount of $52,000 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 construction and all other costs to be borne by the
LOCAL SPONSOR. It is further mutually recognized between
the parties that the DEPARTMENT shall reserve the right
to require the LOCAL SPONSOR to rescind all construction
bids if the lowest responsible bid results in a contri-
bution 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 DELRAY, BEACH
NATURAL RESOURCES PALM BEACH COUNTY, FLORIDA
BY ITS CITY COUNCIL
ATTEST: ATTEST:
DATE: