Exh 8AAgenda #8A
September 11, 2000
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CITY OF ATLANTIC BEACH
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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
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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:
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Agenda #8A
September 11, 2000
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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.
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Agenda #8A
September 11, 2000
IN WITNESS WHEREOF, the ST. JOHNS RIVER WATER 1VIANAGEMENT DISTRICT has caused
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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.
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CITY OF ATLANTIC BEACH
By_
Typed Name and Title
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
By: ~u.....~L
He Dean, Execu Director ~/ i/ ov
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