Item 8AAGENDA ITEM # 8A
SEPTEMBER 8, 2008
CIT1f OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Hopkins Creek TMDL Grant Funding Agreement
SUBMITTED BY: Rids Carper, P.E., Director of Public Works ~~
DATE: August 27, 2008
BACKGROUND: The Florida Department of Environmental Protection (FDEP)
awarded the City a grant with funding for up to $550,000 to be used on a
cost reimbursement basis for construction of the Hopkins Creek Regional
Retention Facility. Construction work for the project started before the
Grant agreement was finalized on May 12, 2008. FDEP required that a
Settlement Agreement to cover the funds expended before the finalization
date be approved. This settlement agreement authorizes FDEP to
reimburse the City for $228,021.00 in construction prior to that date.
BUDGET: This agreement reimburses the City for capital expenses related to
construction of the Hopkins Creek Regional Retention Fadlity, Account
No. 470-0000-538-6300, Pn~ject No. PW0309.
RECOMMENDATION: Staff recommends the Commission approve the attached
Settlement Agn~ment and authorize the Mayor to sign the attached
Agreement for the City of Atlantic Beach.
ATTACHMENTS: Settlement Agreement Grant S0376 -Florida Department of
Environmental Protection and City of Atlantic Bead~t
REVIEWED BY CITY MANAGER:
September 8"', 2008 Regular Meeting
AGENDA ITEM # 8A
SEPTEMBER 8, 2008
SETTLEMENT AGREEMENT
THIS AGREEMENT is made and entered into this G ~~ day of
~~ifS"S 200 by and between the Department of Environmental
Protection, an agency of the State, (hereinafter "Department"), 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000 and the City
of Atlantic Beach, (hereinafter "CONTRACTOR").
WITNESSETH:
WHEREAS, pursuant to Section 287.058(1), F.S., a procurement of
contractual services in excess of $25,000 is required to be evidenced
by a written agreement embodying all provisions and conditions of the
procurement of such services, including but not limited to subsections
(a), (b), (c), (d), and (e), and
WHEREAS, pursuant to Section 287.058(2), F.S., except in cases
involving a valid emergency, said written agreement is required to be
signed by both the agency head and the contractor prior to the
rendering of services, and
WHEREAS, pursuant to Section 287.058(2), F.S., if the agreement is
not signed by both parties, and if a valid emergency does not exist,
the agency head is required no later than thirty (30) days after the
contractor begins rendering the service to certify the specific
conditions and circumstances, as well as describe actions taken to
avoid the recurrence of the noncompliance, and
WHEREAS, contractual services described in the invoice between the
Contractor and the Department attached as Exhibit A have been rendered
without a fully executed contract authorizing the work, and the agency
head has not within the prescribed thirty (30) day period either
certified a valid emergency, or in the absence of a valid emergency,
AGENDA ITEM # 8A
SEPTEMBER 8, 2008
certified the specific conditions and circumstances which caused the
noncompliance, and
WHEREAS, the Chief Financial Officer of the State of Florida
(Comptroller Memorandum No. 4 (87/88) requires a settlement agreement
be executed for services rendered without a written agreement, within
the prescribed thirty (30) day period and in accordance with statutory
requirements, and
WHEREAS, the Contractor has a claim for payment for the said
services, and the Department desires to settle and discharge such
claim, and
WHEREAS, the Contractor agrees to be bound by the terms and
conditions set forth in Exhibit B, attached hereto and incorporated by
reference herein, in the performance of the work subject of this
settlement agreement.
NOW, THEREFORE, in consideration of the mutual covenants set forth
herein, the parties agree as follows:
a. The Department agrees to pay to the Contractor the sum of Two
Hundred Twenty Eight Thousand and Twenty One Dollars and Zero Cents,
($228,021.00) covering the period of service from March 17, 2008,
through May 21, 2008, payable by State of Florida warrant, to be paid
to the Contractor.
b. Upon receipt of payment, as provided in paragraph (a), the
contractor, for its attorneys, heirs, executors or administrators,
does hereby fully, finally and forever release and discharge the State
of Florida, Department of Environmental Protection, and its agents,
AGENDA ITEM # 8A
SEPTEMBER 8, 2008
the contracts and state project and invoices for such work including,
but not limited to, those claims asserted or other claims that were or
maybe asserted in any federal, state or local agency or court, by or
on behalf of the contractor
c. This Agreement shall be binding on and inure to the benefit
of the parties and their respective legal representatives, successors,
and assigns.
d. The Contractor agrees to be bound by the terms and conditions
set forth in Exhibit B, attached hereto and incorporated by reference
herein, for performance of the work which is subject of this
settlement agreement.
e. Upon the execution of this Agreement, the terms
hereunder shall become effective only upon the subsequent approval
thereof by the Chief Financial Officer of the State of Florida,
pursuant to Section 17.03, Florida Statutes.
IN WITNESS WHEREOF, the parties have executed this agreement this Z~~~
day of f~V C~~ ~ 200.
City of Atlantic Beach
By:
Title:
Date:
Approved as to form and legality:
DE PA MENT ATTORNEY..
DEPARTMENT OF ENVIRONMENTAL PROTECTION
By : ~~`~~
Title': y~5„o~ ~~2EC rta/~ ~"+"''i'"~
Date: B~ZS~oB