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Res 11-73 RESOLUTION NO. 11-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR BEACH EROSION CONTROL PROJECT IN THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the County has entered into an agreement pursuant to Chapter 125, Florida Statutes, with the United States of America, Corps of Engineers, as the local cooperating agency for beach erosion control projects within Palm Beach County for a period of ten (10) years; and WHEREAS, the City of Delray Beach is to conmtruct and make improvements to its publicly-owned beach as legally defined and described in Exhibit "A" to the within agreement which is attached hereto and made a part hereof; and WHEREAS, Palm Beach County is requested to fund on an annual basis the maintenance cost for replenishing the sand to the Delray Beach project for ten (10) years at a cost not to exceed Eighty Thousand Dollars ($80,000) annually and subject to annual budgetary procedures; and WHEREAS, the City of Delray Beach will assume all responsi- bility and obligations for the physical maintenance program and comply with those terms and provisions of the aforementioned agreement between the United States of America and Palm Beach County, Florida, referred to as Exhibit "B" which is attached to the within agreement and made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: That the Interlocal Agreement between Palm Beach County and the City of Delray Beach, a copy of which is attached hereto and made a part hereof is approved, and the Mayor of the City of Delray Beach and the City Clerk of the City are authorized to execute the agree- ment on behalf of the City of Delray Beach, Florida. PASSED AND ADOPTED in regular session this 26th day of February, 1973. ATTE ST: City C~yrk INr'I'E RLOC?'~L AGRLEMLNI THIS INTERLOCA1. AGRI£EMENT, made and entered into on the date specified herein by and between the COUNTY OF PALM BEACH, a political subdivision of the State of Florida, bereinafl:er called and referred to as the "County", and the CITY OF DELRAY BEACH, a municipal corporation in the State of Florida, hereinafter called and referred to as the "City"; WHEREAS, the City and County are authorized to enter into this agree- ment pursuant to Section 163.01, Florida Statutes, as amended, which permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the .Board of County Commissioners is empowered to establish and administer programs of beach erosion control and to enter into agreements with other govern- mental agencies within or outside the boundaries of the County for joint performance, or performance of one unit in behalf of the other, of any of either agency's authorized functions; and. WHEREAS, Pahn Beach County, a political subdivision of the State of Florida, has executed an agreement with the Department of the Army, Corps of Engineers, for the County to serve as cooperating agency assuming the responsibility required for local cooperation in the beach erosion control. project described in House Document 164, 87th Congress, approved October 23, 1962, being Public Law 87-874 and planned in three segments from the Martin County line to Jupiter Inlet, from Jupiter Inlet to Lake ,Worth Inlet and from the South Lake Worth Inlet to the Broward County line; and WHEREAS, pursuant to the aforementioned beach erosion control program, the City of Delray Beach has pro[)osed._ to construct a segment of ,- --s ...................o ....... ' ...... h ..... *'~"p cof~ and l:o tl!c,,roafl:er Sl3j~I2,' c:o~t of said Dc]ray }3c~ac:li boach c:ro~ion control projoc:l:. NOW, 'J?tlEk.z, kOld:, in considcu-ation o~7 mutual covenam:s, promises fl~lc] re]31-o~cn[at~o~]s ~ ..... o~ ' ' ac~: e~. as follows W1TNESSETt-t: ].. fft, Shh purpose of this contract is to provfdc for the undcrtakin~ of thc maintenance services and fundfn~ as necessary in thc Cfty of Dclray Beach beach crosfon cont~-ol project for an area withfn the Gity of Delray Beach, Palm Beach County, Flo::ida, more fully and ]esally described in Exhfbit "A" whfcb .rs attached hereto, made a part hereof, as though set forth herein. 2. Thc Project. The project shall be thc initfation and prosecution to completion of thc constructfon and/or fmprovcmcnt wfth subsequent mafntcnancc and repair of thc beach arosion contr0] pro,ram for thc area delfnented and Icsatly described in attached Exhibit "A" within thc corporat~ munfcipal limits of thc City of Dclray Beach, Florida. Thc "City" shall construct.the project by furnfshinS all of thc constructfon cost fundingj, to subsequently and fl)crcafter make applfcatfon for state and federal refmbursen~ont and to perform all requfred nuafntenancc: ai~cl repair. The "Coum:y" shall assume a portion of the responsi])iIi[), for o, Ti~.c '.l'orla. ~ :,....~ t. tin ~',f ~'bi:-~ a!~;yoc,!~'.:~a- ,, ~1] be for ten (i()) y~'.~-t~'~; con, :Uo,~o mutually ag~ c. eable to the thereafter:, pursuant to terms and · -l'-'., ..... parties herei n. 4. Unc]ertakil~?d lov tl:e City. Tile "CiB"' slml].: A. Provide, at its own expense, all necessary lands, easemc,u~s and rights of way; B.- Prepare detailed plans,' sp. ecifications, data for analysis of design and a general program outlining the c ~_ de.~:, rate of prosecution and method (contract or hire laboy) of accomplishing the major items of work and · .. setting forth the estimated cost thereof, prior to issuing invitation foy bids and to submit the same to the "contracting o/ricer , as d,.fm,xt and requil[cd the attached Exhibit "B", being the Agreement between the United States of America and Palm Beach County, Florida; C. Secure competitive bids, by advertising, for all work tOlbe performed by contract or with the approval of the contracting officer, perform thc Construction work with its own forces; D. Submit to the contracting office~3 a detailed estimate of cost, a tabulation of all bids received, and request for approval of award of a [lq, Co~gl:]:o] v,,atc, r po]ltltiOn tO th~ ox[on[ necessary to aa£ogt]az'd the health of bathers; responsibility for compliance with the applicable provisions of IMblic Law 91-646 (33 U. S.C.A. 4.621 et scq); P. The "City", without rcstirction or reservation, agrees to and docs hereby assume' full responsit0i]ity for compliance xvith Section 2, (Q) (1) and (2) and Section 2, (R) of the attached Exhibit "B".; Q. Provide sanita~'y and trash pickup and maintenance of the beach, furnish lifeguar'ds, law enforcement personnel for breach or violation of laxx~, the promulgation and ~doption of ~x~lcs of conduct and opera~ion of the be~ch,' adoption of a policy prohibiting charges fei' the usc of thc beach, but permitting an equitable uniform charge for parking. R. Thc "City" shall save and hold the "COLliery", its officials, agents, employees and aso'~- ,,tenets, harmless from liability of any nature or kind for or on account of any claim for dama~;es that may arise either before, during or after thc prosecution of th~ work and Projc'ct anJ durin[,, tho tol-l~q To The "City's" contractor shall comply with the provisions of Section 6 of attactled I:;xhibit ~'I3" which are re£erred to herein as thou,~gh fully set forth and incorporated by reference; 5 Undertaki__ngL .b..y the County. The "County" shall: Ao Assume the responsibility for funding the annual li maintenanee cost for the term of the agreement, subject to annual budgetary procedure in an amount not to exceed Eighty Thousand Dollars ($80, 000). While it is anticipated that such.funds will not be used annually, such funds shall be permitted to be carried' over to ensuing fiscal years. A trust fund shall be established for tile purpose of the subject project and any interest derived therefrom shall be received by the "County"° Bo The "County's" exposure shall be a maximum of the aggregate of Eighty Thousand Dollars ($80,000) annually and shall be reduced accordingly by any amounts received from federal or state funding sources in excess of a prorata average of Fifty Thousand .Dollars ($50,000) on an annual computation. Co In addition to the actual draws for sand replenishment and I! nourishment, maintenance shall include those plans, specifications, supervision of construction, contingencies and other attendan± costs as required and as contemplated in Exhibit B, as attached hereto. The "County" shall pay such budgeted sums upon receipt of sufficient support documentation from tile "City" to evidence the need and requirements for the use of said funds to pay for maintenance expenses as heretofore defined and in no event, il shall such request for funds exceed that which is on hand. .'~ 6. Can'coll:ltion. Tho withinagrocment is sul0joctto castellation by either party for any breach of al)5, condition l~crcin ripen a minimtun of thirty (30) days v:ritt:cn notice an(1 giving and afforclit~?; the opportunity to the party charged with the violation ar) opportt~nitf to cure the violation within fil~een (15) days frown the date of the receipt of the notice by the party charged with the violation. Notices to the respective parties shall be forwarded, in writing, to: Board of Counu,~ Commissioners . .Ilo~_~ a of Palm Beach County, ; ,-'d ' County Court:hou se West PaJm Beach, Florida 33.401 City of Delray Beach IOON. W. First Avenue DelrayB~ach, Florida 33,144 7. Use' of the Premi~(~'s.- The "City" covenants and'agrees that the use of the premises: . shall be public recreational purposes.and attendant facilities.. ~tnct ~ervices. The "City" covenants and agrees that the use of the premises shall be for ,~ p, blic recreational purposes only and that the public shall not be deprived of its riglxful, equal, and uniform tiao thereof. 8. Co]].ct~o~ of 'Faxes. None of thc terms, covenants and conditions of il:s; off}cci's: of itl;' '" ' c,:~' n n';? orhcr cov,',_'.n:'~ Wl:itl'(:~] appi'o';al which sim 1] not: ui~]'casoi]aifiv 1I'. Le~-ial ]iff?ct, Th. is af);]:oe]nent shall not become binding nnd effective until approval by the Office of the~ Att .,] Affairs of t'he Sta~e of Flo]:-ida, pursuant t.o the provisions of Florida Statutes, IN ~ 71 i x~]:.,_,b ~.¥ t',h, hh, O~ , the County of Pa ]m Beach, F torida ha s ca u sod this asreemen[ to be signed by the Chairman o.[ ~bc Board of Gounty Gommissioners and the ~ ] sea. of said Board to be affixed hereto and at[ested by the C]erh of said Board, pursuant to authority granted by said Board, and the City of Dclray Beach has caused-this agreement to be signed in its corporate name by its Mayor and its corporate sea] to be affixed here[o, artec[ted by its City Clerk, the date and year first above written. ATTEST: BOA RD OF COL~ T~ COMMISS!ONE]'tS OF PALM BEACH COUNTY, FLORIDA By: Cha{rman. Approved as to Form and Legal Sufficiency-- County Attorney ATTEST: CITY OF ]DEL, RAY BEACtt, A STAT]E ()H I."]~O]III)A. ' App 'ovc:d ax t.:~ l:orm n~id lx.!:,~t] :-;ui'i'i~'i,..~: v July 1, 1972 DEL}LAY BEACH LIMITS OF BEACH RESTORATION A parcel of submerged or emerged land in Sections 9, 10, 15, 16, 21, and 28, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida, bounded on the West by the Erosion Control Line to wit: Commencing at the East quarter corner of said Section 9, ToWnship 46 South, Range 43 East, said point having for its coordinates X=808474.350 Y=779887.637 in the Florida State Plane Coordinate System, East Zone; thence run ~N89°14~'25"E 54.98 feet along an easterly extension of the north line of the Southeast one-quarter of said Section 9 ' 'to a point.; thence run S 8o16'05"W 293.67 feet to a point; thence run N88°55'37"E 329.96 feet to the Point of Beginning said point having for its coordinates X=808816.995 Y=779603.928 in said Florida State Plane Coordinate System East Zone; thence run S 9°26'28"W 865.65 feet to a point; thence run S 7o24'25"W 1512.62 feet to a pgint; thence run S 8°11'39"W 1262.89 feet to a point; thence run S7°58'11"W 1514.63 feet to a point; ~ence run S 4o17'21"W 1002.81 feet to a point; thence run S 7o41'18"W 1009.07 feet to a point; thence run S 6o50'34"W 1007.17 feet to a point; thence run S 5o42'38"W ~1004.99 feet to a point; thence run S 2o17'26"W 1000.80 feet to a point; thence run S 9o38'53"W 1014.35 feet to a 'point; thence run S 6°50'34"W 1510.76 feet to a point; thence run S 5°08'34"W 1506.06 feet to a point; thence, run S 6°09'51"W 1802.49 feet to a point of termination of 'herein described line said point having for its'coordinates X=806941.'455 Y=763707.932 in said Florida State Plane Coordinate System, East Zone; thence on a tie line run West 512.10 feet'to a point; thence run s89o30'52"W 741.59 feet to a point; thence run S89°27'58"W 1312.59 feet to a point on the south line of the Northwest one-quarter (NW¼) of said Section 28; thence run S89°32'18"W 965.62 feet along said line to the West quarter corner of said Section 28, bounded on the East by a line lying 600 feet easterly from and parallel to said Erosion Control Line and bounded on the North and South by lines having a bearing of East, running through the Point of Beginning and the Point of Termination respectively. " ARTHUR V. STROCK & ASSOCIATES, INC. Consulting Engineers - Land Surveyors 1728-3 /",R'i't-ILIR V, Si ROCK & ASSOCIATES, INC, - Consu!tinq AGREE2-1E?qT BETWEEN ~.~71-IE UNITED STA.TES OF AMERICA AND PALM BEACH COUNTY, YLORIDA, BY iTS BO.~ OF COUNTY CON~'iISS!ON!!RS FOR LOCAL COOPERATION IN B~CR EROSION CON~qROI,, PM.,M B~CH CO~{~f, ~ORIDA THIS AGREEMENT made and entered into this day of , 19 between the ,UNITED STATES OF AMERICA (hereinafter referred to as the "GOVERi~MENT"), represented by the CONTP~ICTING OFFICER executing this Agreement and PALbI BEACH COUN~f, FLORIDA (hereinafter referred to as the "COOPERATING AGENCY."), represented by its BOARD OF COUNTY CO~.~{ISSIONERS, WITNESSETH THAT: WHEREAS, Public Law 826, 84th Congress (33 U.S.C. 426), as amended, authorizes the Government to assist States and political subdivisions thereof in the construction of works for the improvement and protection against erosion by waves and currents of their shores, and other purposes; and WHEREAS, said Act requires that the plan of improvement and/or protection shall fiCst have been specifically adopted and authorized by Congress after investigation and study; WHEREAS, Congress has, by enactment of Public Law 87-874, approved 23 October 1962, (hereinafter referred to as the "AUTHORIZING ACT") specifically a. dopted and authorized the project hereinafter described in accordance with the plans and subject to the conditions reconmaended by the Chief of Engineers in House Document No. 164, 87th Congress: 'NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Undertaking by the Government. The Government shall assist the Cooperating Agency in initiating and prosecuting to completion the construction and/or improvement of Palm Beach County from Martin County line to Lake Worth Inlet and from South Lake Worth Inlet to Broward County line, Florid, a, (here- inafter referred to as the "PROJECT"), by making reimbursement as provided in the authorizing Act and as authorized by 33 U.S.C. 426e-h from Federal funds as shall have been appropriated by Congress for such work. 2. Undertaking by the Coo.p.eK.ating Agency. The Cooperating Agency shall: a. Adopt the plan of protection and/or improvement authorized by Congress, provide its share of -the funds and initiate and prosecute to completion, under the gener.al supervision of the Chief of Engineers, as expeditiously and-econo~!~ally as practicable, the construction of the Project; bo Provide at its own expense all necessary lands, easements and rights of way; c. Prior to issuing invitation for bids, submit to the Contracting Officer for approval, the detailed plans, specifications, data for analysis of design, and a general program outlining the order, rat~ of prosecution and method (contract or hired labor) of accomplishing the major items of work and setting forth the estimated cost thereof; d. Secure competitive bids, by advertising, for all work to be performed by contract, or with the approval of tt~e Contracting Officer, perform the construction work with its own forces; e. Submit to the Contracting Officer a detailed estimate of cost, a tabulation of all bids received, and request for approval of award of a contract to the lowest qualJ, fied bidder; furnish such copies of the contract as may be required and ~' b ' .-,u~m~.t to the Contracting Officer, for approval, any amendments or ~.,~oclifications thereof; f. Utilize contract and specification forms in general use by the Cooperating Agency, subject to such modifications as may be found necessary by the Contracting Officer; g. Submit to the Contracting ©fficar, prior tc award of a contract, satisfactory guaranty (1) of availability of sufficient funds to pay all estimated costs of the Project which are not to be borne by the Government, and (2) that there is no unsettled litigation which will ~nterfere with the conduct or completion ~o~ the Project or ~ith its p~lic use and maintenance; h. Prov%de adequate and continuous engineering inspection, and submit monthly progress reports showing the work done throughout the construction of the Project; i. Provide necessary facilities and access for inspection of the ProJ~ect by the Contracting Officer; J. Examination of Records by C_o~m~otro_ller General. (1) The Cooperating Agency agrees that the Comptroller General of the United State~ or'any of his duly authorized representatives shall, until the expiration of three years after final reimbursement under the agreement, have access to and the right to examine any directly pertinent books, documents, papers a~d records of the Cooperating Agency, involving transactions related to this agreement. (2) The Cooperating Agency further agrees to include in all its con- tra~ts hereunder a provision to the effect that the Contractor and all subcon- gractors agree that the Comptroller General of the United States or any of his duly authorized representatives shall, until three years after final payment under the contract or subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records of such Contractor or subcontractor, involving transactions relating'to the contract or subcontract. The term "subcontract" as used in the clause excludes (i) purchase orders not exceeding $2,500 and (ii) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the'general public. (3) The periods of access and examination described in a and b above for records which relate .to (i) litigation or the settlement of claims arising out of t~e performance of this contract, or (ii) costs and expenses of this con.tract as to which exception has been taken by the Comptroller General or any'of his.duly authorized representatives, shall continue until such litigation, · . Claims or exceptions have been disposed of. k~ Furnish four sets of record plans showing the Project as constructed. 1. Obtain approval by the Chief of Engineers, .prior to commencement of Work on.aproject, of detailed plans and specifications and arrangements for prosecution of the work on the project; m. Maintain continued public ownershiP of the publicly owned shores~ and their administration for public use during the economic life of the Project: n. Maintain the protective measures during their economic life and provide periodic nourishment of the protective beaches at suitable intervals, ~including operation of the sand-transfer plant at South Lake Worth Inlet~ as may be required to serve their intended purpose; o. Control water pollution to the extent necessary to safeguard the health of bathers. p. ~e Cooperating Agency further agrees to and does hereby assume full responsibility for compliance with the applicable.provisions of Public La~ 91-646 (33 U.S.C.A. 4621 et seq). qo %]~at, with. out restrictions or reservations, the C~operating A~ency, a poi~tical subdivision of the State of Florida, agrees to and hereby full r ..... ~oao~t~.~l~.ty fo~~ compliance with the following additio,~al requircments of local coope~-ation: (i) Assures that ~o person in the United States shall, on the grounds of race, color or national orJ. gin be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination under the aforementioned Project; (2) ,The Cooperating Agency assures the United States that it will not directly or through contractual or other arrangements, on the ground of race, color or national origin, with respect to the County Beach Erosion Control Project: (a) Deny an individual any service, financial aid, or other benefit provided under the program; (b) 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; (c). Subject an individual to segregation or separate treatment in any matter related to his receipt of any service, financial aid, or other benefit under the program; (d) Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or ~ther benefit under the program; (e) Treat an individual differently from others in determining Whether he satisfies any admission, enrollment, quota, eligibility, membership · or other benefit provided under the program; (f) Deny an individual an opportunity to participate in the program through the provision of services or otherwise or afford him an opportunity to do so which is different from that afforded others, under the program. r. That the Cooperating Agency will not directly or through contractual or other arrangements, .utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program as respects individuals of a particular race, color, or national origin. s. Release. The Cooperating Agency shall hold and save the Government, its officers, agents and employees, harmless from liability of any nature or kind, for or on a~count of any claim for damages that may arise either before, during or after the prosecution of the work. 3. The Cooperating Agency hereby gives the Government a ri%ht to enter upon, at reasonable times and in a reasonable manner, lands ;~hich it o~..;n~ or controls, for access to the Project fez-the purpose of inspection, and for the purpose of completing, operating, repairing and maintaining the Project, if such inspection shows that the Cooperating Agency 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 reasonable notice delivered in writing by the Government delivered to the Cooperating Agency.. No co=?letion, operation, repair and n~aintenance by the Government in such event shall o,~erate to relieve the Cooperating Agency of responsibility ~o n'~aet its ob]_iii~t!~ set forth under this Agree~nent, or to preclude the Government fro~'.~ pursuing any other remedy at law or equity. 3 4. Officials Not to Benefit~ No member of or c~e]egate to Congress or ................... ~a].l 10e aJmitcad to any share or part of this A;~reement or ~:o any benefit that ~mv arise therefrom, but this provis~c~n :,hall. no~ be construed to extand to this Agreement if made with a corporation for its general. benefit. 5. Definitions. The teton "Contracting Officer" as used herein shall mean the Chief of Engineers or ,~..~ Du~v authorized representative. ~e term "doly authorized representative" shall mean any person authorized by the Chief of Engineers to act for him. 6. ~al Opportunity (~e~ally ~.ssisteJ_Con~truction). ~e applicant hereby agrees that it will incorporate or caose to be incorporated into any contract for construction work, or modification thereof, as defined in the Regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part wi~h funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or goarantee, the following Equal Opportunity clause: Duri~ the performance of this contract, the Contractor .agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. ~e Contractor will take affi~ative action to ensure that applicants . are employed and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or te~ination; rates of pay or other fo~s of compensation; and selection for training, inc~_uding apprenticeship. ~e Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. ~e Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. c. ~e Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. ~e C~ntractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. e. ~e Contractor ~.~ill furnish all info~,ation and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, an8 orders. f. In the event of the Contractors noncompliance with the non- discrimination clauses of this contract or with an7 of the ~alJ rules, regulations or orders this cont'z~act may be cancelled, whole or in part and the Contractor may. be declared ine]:[~';'~a,~- for further Government contracts or Federally assisted coustruction contracts in accordance with procedures authorized in Executive Order 11246 of Septc~rber 24, 1965, and such other sanctions may be imposed and remedies invoiced as provided Executive Ordar 11246 of September 24~ 1965, or by rule, rc:~ulatio~ or ordc~r of the Secretary of Labor, or as other~ise providad by !a~~. g. Ti~e Contractor will inc].ude the portion of the sent<,.nc.e immcdiateiy ~re~diL.. Para~ra[,h a and the provisions; of Para~ra[:,hs a thr'o~qh g in eve~- Sll?COLtfa~lt or i,~r'czha~;e c, rc~c:.r unte,:;s e>-c?.~'~ted [,y ru]cs, rcf;ul~t~c:ns or order~ of tl~c c.. .......... . .,2/ ,~.'clct. a~y of l,abor issu,:d r>ursuant to SectJ. on ~u~ of Executive Order ]]2~6 of Septe?:ber 24, ~965~ r~o that such ~ ,"~" ~' - ~ p~ox~.o:t, on.., will !~e bindint upon each subcontractor or vendor. 3he Cc~?ractor x,~]_] tako such action ~ith respect to any subcon~'act or ~urchase order as the administerffng agency ~av. direct as a means of enlorcing such provisions, including sanctions for noncompliance: P.~o~:jp~:.~ ]>o~:if,yg~ that in the event a Contractor becomes involved in, or is threatens, ed w;.th J. iti~ation ¥~-[th a ~zuocon~-ractor or vendor as a result of such direction.by the administering agency, the Contractor may reques~ the United · . States to enter into such litigation to protect the interests of the United States. ~e applicant further agrees it will be bound by the above Equal Opportunity clause with respec~ to its own employment practica when it parti- cipates in Federally assisted construction work: Provided, That if the applicant so Participating is a State or local government, the above Equal Opportunity clause is not applicable to any agency, instrumentality or subdivision of such gover~ent which does ~ot participate in work on or under the contract. %~te applicant agrees that it will assist a~d cooperate actively with the adminis- tering agency and the Secretary of Labor in obtaining the compliance of Contractors a~d subcontractors with the Equal Opportunity clause and the rules, regulations and relevant orders Of the Secretary of Labor, that it will furnish the admin- istering age~cy and the Secreta~ of Labor such information as they may require for the supervision of such compliance, and that it will otheu~ise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. %ne applicant further agrees that it will refrain from entering into any contract or contract modifications subjecg to Executive Order 11246 of September 24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for, Govermnent contracts and Federally ~ssisted construction contracts pursuant to the EXecutive Order and will car~ out such sanctions and penalties for violation of the Equal Opportunity clause as may be imposed upon Contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the ' Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings~ the administering agency may take any or all of the following actions: cancel, resinate or suspend in whole or in part this grant (contract, loan, insurance, guarantee); r'efrain from ~xtending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. 7. :Se~men~. House Document No. 164 divides the Project into three s'eparab!e parts, n.ameiy, from the Martin County Line to Jupiter Inlet; from ,%o~th Inlet to the Jupiter Inlet to Lake Worth Inlet; and from South Lake TM ~ Boca Raton Inlet' ~ne Cooperating Agency may, at its election, Choose to construct any segment separable from the others as a complete unit. '8. ~is Agreement is subject to the approval of the Sec. reta~ of the Army. IN. WI~ESS I,~{EREOF~ the parties hereto have executed this contract as of the day and year firs u above written. ~E UNITED STATES OF ~ERtCA P~M BEACH COUNt, ~ORIDA, by its BOA~ OF COUN~f CObR.fiSSiONERS By By DATE: DATE: APPPDVED: Approvod a; to Form and Suffici~:',cy Considering ?ffcct of S,i~cti,.n 221, Public' Law 91-6il and Public La;..' 9i-~46 RESOLLITION NO. ;;{-'77,-- Ri-~SOL[!T[ON Al: 1: ROY ING IIX.,W 1'2 RLOCA L AG R EEM EN'F B]ETW EEN PA LM BLACH CO[.,~, I ~ AN!) '17t tE CtT Y OF I)I:,LI~A ~ BEA(~I~ FOR Bt: ..... C,tt EROSION CONTR()I. PROJECT IN TIlE CII v OF DEl,RAY BEACH WHEREAS, the County has entered 'into an agreement pursuant to Chapter 125, Florida Statutes, with the United States of America, Co~s of Engineers, as the local cooperating agency for beach erosion control projects within Palln Beach County for a period of ten (10) years; and WHEREAS, the City of Delray Beach is to construct and make improve- merits ro its publicly-owned beach as legally defined and described in Exhibit "A" to the within agreement which is attached hereto and made a part hereof; and WHEREAS, Palm Beach County is requested to fund on an annual basis the maintenance cost for replenishing the sand to the Delray Beach project for ten (10) years at a cost not to exceed Eigh~ Thousand Dol. lars ($80, 000) annually and subject to annual budgetary procedures; and WHEREAS, the City' of Del~ay Beach will assume all responsibilitY and 0bligatigns for the physical maintenance program and comply with those terms and provisions o'f the aforementioned, agreement between the United States of America and Palm Beach County, Florida, referred to as Exhibit "B" which is at'tached to the within agreement and made a part hereof. NOTM, THEREFORE, BE ~ RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUYFY, FLORIDA, that the Interlocal Agreement between Palm Beach County and the City of Delray Beach, a copy of which is attached hereto and made a part hereof is approved, and the Chairman of the Board of C miity conqm~.ssioners and t-he Clerk of thc Board are authorized to execute the agreement on behalf of Palm Beach County. 'Thc County Attorney is authorized and directed to send a copy thereof to Atto~-ne,~, General for approval of the ~nte~t ~cn~ ,'~:,'?ec'~nc~nt, t~pon r'ecc,~;>~'c~,f ~'~, c~xc~,:?t~',:~] ()ri::?irml f:rom the (..,itl of DoJl*av bcaci.,. The foregoing :resolution was offered by Cc>mn'~issio~e~: ., who ,~'novc:d its: adoption. The mo~ion w~'*.s seco~_~ied by Commissioner , and upon being put to a vote, the vote was as follows: Lake Lytal E. W. Weaver Robert C. Johnson George V. Warren Robert F. Culpepper The Chairman thereupon declared the resolution duly passed and ~dopted this day of January, 1973. PALM BEACH COUNTY, FLORIDA BY ITS BOA P.D OF COUNTY COMMISS [ONE RS APPROVED ?,,S TO FORM AND JOHN B. DUNKLE, Clerk Deputy Clbrk -2-