Res 21-73 RESOLUTION NO. 21-73.
A RESOLUTION OF THE CITY COUI~CIL OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
THE ESTABLISHMENT OF A SPECIAL PROJECT
BANK ACCOUNT FOR FINANCING THE CONSTRUC-
TION COSTS OF THE RESTORATION OF 2.7 MILES
OF THE SHORE LINE OF THE CITY OF DELRAY
BEACH PURSUANT TO THE REQUIREMENTS OF THE
DEPARTMENT OF NATURAL RESOURCES OF THE
STATE OF FLORIDA.
WHEREAS, the City of Delray Beach has entered into an agree-
ment with the Department of Natural Resources of the State of
Florida for restoration of its beach; and
WHEREAS, the Department of Natural Resources has been re-
quested to participate in the funding of a beach restoration
project for the 2.7 mile shoreline of Delray Beach; and
WHEREAS, the City of Delray Beach has established a special
project bank account and placed therein all funds currently
allocated for project construction consisting of the proceeds of
a $2,000,000 bond issue; and
WHEREAS, all expenditures made from the special project bank
account shall be approved by the City Council of the City of
Delray Beach,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
That a Special Project Bank Account has been established
for all funds allocated for project construction pursuant to the
terms and conditions of the contract dated February 12, 1973 between
the City of Delray Beach and the Department of Natural Resources
of the State of Florida.
PASSED AND ADOPTED in regular session this 24th day of April,
1973.
ATTEST:
- -City Clerk/~
C O N.T R A C T
TtlIS AGREEMENT, dated this 12th day of February ,
197~3, by and between the Department of Natural Resources, hereinafter
referred toes DEPARTi, IENT and the City 'of Delray Beach ,
hereinafter referred to as LOCAL SPONSOR.
WITNESSETH
That in and for ~he mutual covenants between the bEPARTMENT and
the LOCAL SP0);SOR, it is agreed as'follows:
-1. In consideration of the Department's agreement to participate
in the funding of a ·beach restoration project for the
2.7-mi].e shoreline of Delray Beach (county)
(city) the LOCAL SPONSOR agrees to:
(a) Establish a special project bank account and place
therein all funds allocated for project construction.
(state funds allocated in support of project may be
authorized for transfer to LOCAL SPONSOR upon receipt
of evidence that spe'cial project bank account has been
established and non-state funds required are deposited
therein, or will be deposited therein on an approved
basis. Such evidence shall be in the form of an
official Resolution of the Governing body of LOCAL
SPONSOR.)
(b) All expenditures made from the Special project bank
account shall be approved by the Governing body of
the LOCAL SPONSOR and in addition all expenditures
for contractual services relating to project con-
struction shall be approved by the project engineer.
Warrants for such expenditure shall .contain the
signature of at least one elected official and a
de~;ignated ~::~pl~yee or the I,OCAL c~,~-,,-n~
(c) No funds from the Specfal project bank acco,nt shall be
expended for any purpose other than the project as
approved by the }lead of the Department of Natural
Resources at the time allocation of State Shpport funds
r6ceived approval. Any project contract change orders'
must be approved by the Department through the Bureau
of Beaches and Shores.
(d) The prdject must be advertised for bids in accordance with
established and acceptable procedures, approved by .the
Bureau of Beaches and Shores.
(e) No contract shall be awarded for construction of the
project without approval of the Department of Natural
Resources acting through the Bureau of Beaches and Shores.
The LOCAL SPONSOR shall give the Bureau of Beaches and
Shores at least two (2) weeks notice of bid openings.
(f) Engineering for the project shall be by contract between
the engineer and the LOCAL SPONSOR, approved by the
Bureau of Beaches and Shores. The project engineer shall
be a professional engineer, registered in the State of
Florida. The engineer shall furnish all services usually
performed by an engineer, including regular inspections
of work performed and final inspection of the completed
project with ~itten certification that the project has
been completed in accordance with project plans and
specifications.
(g) The LOCAL SPONSOR shall keep a full and accurate record
of all official action taken regarding the proiect and
shall furnish the Bureau of Beaches and Shores certified
copies of all official minutes of meetings involving any
action pertaining to the project. The LOCAL SPONSOR shall-
make all records pertaining to the project available to
the auditor of the Department of Natural Resources upon
written request. ~en the project is completed, final
accounting shall be accomplished promptly and the
Department shall be furnished a copy of the final financial
report.
(h) The LOCAL SPONSOR agrees to indemnify and save harmless the
State of Florida from any and all liabilities arising out
of this contract or work done pursuant to this contract.
In witness whereof the parties hereto have set their hands and seals the
day and year above written.
ATTEST: (LOCAL SPONSOR)
ATTEST: . DEPendENT OF NATU~ RESOURCES
(seal) B~
Executive Director