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Exh 8AAgenda #8A September 11, 2000 ~~ CITY OF ATLANTIC BEACH __ _ __ CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:. Agreement with the St. Johns River Water Management District for Stormwater Management Cost-Share Program SUBMITTED BY: Robert S. Kosoy, P.E. Director of Public Works DATE: September 1, 2000 BACKGROUND: In December of 1999, we applied fora $25,000 grant from the St. Johns River Water Management District's (SJRWMD) Stormwater Management Cost-Share Program. We advised the SJRWMD that the grant would be used to fund part of the proposed drainage project in the Core City. We outlined that we would be using BMP's, (Best Management Practices), such as baffle boxes, and how the stormwater improvements would increase the flood protection level of service, and the water quality level of service. We also noted that the City has a stormwater utility and a bond issue for completion of the project. After evaluation of our submittal, we were notified by the SJRWMD on February 9, 2000 that they would be recommending allocation of $20,000 towards the stormwater plan implementation - Construction Phase I. On August 16, 2000 we received the attached Agreement for this award. RECOMMENDATION: Mayor to sign two copies of original Agreement for acceptance of $20,000 grant. ATTACHMENTS: Two copies of Agreement between the St. Johns River Water Management District and the City of Atlantic Beach for Stormwater Cost-Sharing Program. REVIEWED BY CITY MANAGER: Agenda #8A September 11, 2000 AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT .~ ~ ~, AND THE CITY OF ATLANTIC BEACH ~ , FOR STORMWATER MANAGEMENT COST-SHARING PROGRAM THIS AGREEMENT is made and entered. into this ._ day of 2000, by and between the ST. JOHNS -- - RIVER WATER MANAGEMENT DISTRICT, here after referred to as "DISTRICT",-whose address is P:O. Box 1429, Palatka FL32I78-1429 and CITY OF ATLANTIC BEACH, here after referred _to as "LOCAL SPONSOR" whose address is 1200 Sandpiper Lane, Atlantic Beach, FL 32233. WTTNESSETH WHEREAS, the water's of the State of Florida are among its basic resources and. it has been declared to be the policy of the Legislature to promote the conservation, development, and proper utilization of surface and ground water; and WHEREAS, pursuant to Chapter 373, Florida Statutes, the DISTRICT is responsible for the management of water resources within its geographical area; and WHEREAS, proper management of stormwater is necessary to protect the public health, safety and welfare and to extend the life of surface and ground water resources; and WHEREAS, the Governing Board of the DISTRICT has established the Stormwater Management Projects Cooperative Cost-Share Program to support stormwater management efforts which promote flood control, demonstrate Best Management Practices (BMPs), and implement stormwater utilities or other water quality management projects; and WHEREAS, the LOCAL SPONSOR has applied for and is qualified to participate in the Stormwater Management Projects Cooperative Cost-Share Program; and WHEREAS, the LOCAL SPONSOR and the DISTRICT desire and intend to implement and cost-share the stormwater management project defined herein. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. The subject stormwater project is described as follows: The project is for design & construction of a stormwater system in the City of Atlantic Beach. The project will design and implement stormwater treatment using Best Management Practices (BMP), to promote flood protection. 2. Each party to the AGREEMENT is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. In addition, each party is subject to the provisions of Section 768.28, Fla. Stat. (1995). 3. The DISTRICT shall: A. Provide the professional and technical support necessary to properly address all aspects of the Agreement. B. Obligate monies to fund a portion of the stormwater management project in an amount not to exceed $20,000.00 C. Reimburse the LOCAL SPONSOR for satisfactory completion of construction as stated in the LOCAL SPONSOR'S Program Application, Exhibit A, attached hereto and by reference made a part hereof, within 30 days of receipt of detailed invoice. 4. The LOCAL SPONSOR shall: 1 Agenda #8A September 11, 2000 ___ 4. The LOCAL SPONSOR shall: ., A. Implement the Stormwater Management Projects Cooperative Cost-Share Program as defined in the.LOCAL SPONSOR's Program Application, Exhibit A. B. Obligate moneys to fund any and all costs of the project above the portion to be funded by the District in Paragraph 3.B. above. C. Invoice DISTRICT upon completion of the obligation stated in Exhibit A in an amount not to --- - ---- - - exceed that stated in paragraph 3.B.--The invoice shall be accompanied by detailed paid - -- -= invoices to substantiate completion of the. obligation. The invoice shall reference the Contract Number provided on the first page of this AGREEMENT and shall be .submitted to Director, Office of Financial Management, P. O. Box 1429, Palatka, Florida, 32178-1429. This Agreement consists of the following items: Agreement and Exhibit A. 6. This Agreement shall commence upon execution and shall terminate upon satisfactory completion of the stormwater management project and subsequent cost reimbursement to LOCAL SPONSOR; or 36 months from the date of execution, whichever comes first. Work eligible for reimbursement must have started after contract execution. 7. If LOCAL SPONSOR fails to satisfactorily implement the stormwater management project or defaults in initiating same, LOCAL SPONSOR shall not be eligible for reimbursement. 8. Either party may terminate this Agreement at any time by giving the other party thirty (30) days written notice prior to the date of termination.... Upon termination by either party, DISTRICT shall reimburse LOCAL SPONSOR for all allowable costs incurred to the date of termination. 9. The LOCAL SPONSOR agrees that the DISTRICT or its duly authorized representative shall, until the expiration of three (3) years after expenditure of funds under this Agreement have access to and the right to examine any directly pertinent books, documents, papers, and records of the LOCAL SPONSOR involving transactions related to this Agreement. The LOCAL SPONSOR agrees that payment(s) made under this Agreement shall be subject to reduction for amounts charged which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The DISTRICT reserves the right to cancel this Agreement for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, F.S. 10. Pursuant to Section 216.347, Fla. Stat., the LOCAL SPONSOR agrees that funds received from the District under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. This AGREEMENT upon execution by LOCAL SPONSOR and DISTRICT, and the contract documents constitute the entire Agreement of the parties. The parties are not bound by any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted in this AGREEMENT. LOCAL SPONSOR agrees that no representations have been made by DISTRICT to induce LOCAL SPONSOR to enter into this AGREEMENT other than as expressly stated by this AGREEMENT. This AGREEMENT cannot be changed orally, nor by any means other than written ..amendments referencing this AGREEMENT and signed by all parties. 2 Agenda #8A September 11, 2000 IN WITNESS WHEREOF, the ST. JOHNS RIVER WATER 1VIANAGEMENT DISTRICT has caused ..} this contract to be executed in its name by its Executive Director; and ~ the CITY OF ATLANTIC BEACH has caused this contract to be executed in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached, all on the day and yeaz first above written. __ _ CITY OF ATLANTIC BEACH By_ Typed Name and Title ST. JOHNS RIVER WATER MANAGEMENT DISTRICT By: ~u.....~L He Dean, Execu Director ~/ i/ ov 3