Fort Walton Beach Council agenda — 02-12-02 regular Council agenda — reading text

require the expenditure of any additional funds from the City. Housing Authority shall be liable for all cost overruns on the Project. b) Housing Authority agrees to comply with all applicable standards promulgated by the City. c) Housing Authority warrants and represents that it is not infringing or violating any patent, copyright, or trademark rights. 17) OTHER PROVISIONS a) The validity of this Agreement is subject to the truth and accuracy of all information,representations, and materials submitted or provided by Housing Authority in its application, this Agreement, in any subsequent submission or response to a City request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof, or any material changes, shall, at the option of the City and with thirty ( 30) days written notice to Housing Authority, cause the termination of this Agreement and the release of the City from all of its obligations to Housing Authority. b) No waiver by the City of any right or remedy granted hereunder or failure to insist on strict performance by Housing Authority shall affect, extend, or act as a waiver of any other right or remedy of the City hereunder, or affect the subsequent exercise of the same right or remedy by the City for any further or subsequent default by Housing Authority. Any power of approval or disapproval granted to the City under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. c) With respect to Housing Authority, a quasi- governmental agency which receives funds under this Agreement from the city, Housing Authority certifies, to the best of its knowledge and belief, that it and its principals:  9 1. Have not, within a three ( 3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with a obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 2. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity ( federal, state or local) with commission of any offenses enumerated above; and 3. Have not within a three- year period preceding this agreement had one or more public transactions ( federal, stat, or local) terminated for cause; or Where Housing Authority is unable to certify to any of the statements in this certification, such shall attach an explanation to this Agreement. Despite compliance with this foregoing provision, the City may reserve the right to terminate this Agreement under paragraph 21. 18) DISCRIMINATIONS Housing Authority will not discriminate against any person employed in the performance of this Agreement, or against any applicant for employment because of age, race, religion, color, disability, national origin, marital status, or sex. Housing Authority shall insert a similar provision in all subcontracts for services by this Agreement. 19) AMERICANS WITH DISABILITIES ACT OF 1980 Housing Authority must comply with the standards of the Americans with Disabilities Act of 1980. 20) AMENDMENTS TO THE AGREEMENT This Agreement may only be amended by mutual agreement of the parties hereto, which amendment shall be reduced to writing and executed with the same formalities as the execution of this Agreement. 21) TERMINATION The City may terminate this Agreements for cause upon such written notice as is reasonable under the circumstances. Cause shall include but not be limited to misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform in a timely  10 manner, and refusal by Housing Authority, its subcontractors, or its consultants to permit public access to any document, paper, letter, or any other material subject to disclosure under Chapter 119 Fla. Stat., 2001). The City shall determine satisfaction of obligations by Housing Authority. The City shall provide Housing Authority a written notice of default letter. Housing Authority shall have fifteen ( 15) calendar days to cure the default. Should Housing Authority fail to cure the default within the stated period, the City reserves the right to terminate this Agreement. Notice of termination shall be sufficient if delivered to the party in default personally or mailed to its specified address. In the event of termination of this Agreement, the professional services obtained by Housing Authority will be compensated for any work completed in accordance with this Agreement prior to the notification of termination. Grant funds previously advanced to pay for the professional services and not expended on work completed in accordance with this Agreement shall be returned to the City, with interest, upon termination of the Agreement. 22) CONSEQUENCE OF NONCOMPLIANCE Housing Authority shall return funds received under this grant to the City if found in non- compliance with laws, rules, regulations governing the use of the funds or this Agreement. 23) SOVEREIGN IMMUNITY Nothing herein shall be construed as a waiver by the City of its sovereign immunity pursuant to section 768.28, Florida Statutes ( 2001) as amended. 24) CONSTRUCTION The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 25) NOTICE Unless there is a written notice of change of address, any notice required by this Agreement shall be delivered to:  11 Housing Authority Gail Sansbury, Executive Director 27 Robinwood Drive SW Fort Walton Beach, FL 32548 City of Fort Walton Beach Missy McKim, CDS Department P. O. Box 4009 Fort Walton Beach, FL 32549 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year above written. ATTEST: CITY OF FORT WALTON BEACH Helen Spencer, City Clerk Reid Silverboard, City Manager HOUSING AUTHORITY By:  Exhibit A dlyworxJ bo~ l~vard: .' lL . GK1T"">::, g OJ 0" c:: J D location mop: germony terrace E9 north september 2000  Exhibit A 0 afford court r-.'-..-.. I I I I I 1'.-'. L,... J . .-. .-. -. . I I I 0 I I I I existing I orm'M! 1et' I inlets I I l) I I( D third street r..-..- I I germany terrace traffic calming project EB north september 2000  CITY OF FORT W ALTON BEACH COMMUNITY DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM Date: February 6, 2002 To: Reid Silverboard, City Manager ( 2S Through: Missy McKim, AICP, Directo~ I\~/( Community Development Ser;v1\OOS From: Flinn Fagg, AICP, Planner II Community Development Services SUBJECT: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT- FORT W ALTON LANDING PARK REQUEST: to the Florida Department of This is request for approval to submit an application a Environmental Protection ( DEP) for a Land and Water Conservation Fund grant for Phase II The program provides grants of up to $ 200, 000. 00 improvements to Fort Walton Landing Park. and requires a SO/ 50 match from the applicant. BACKGROUND: with a two-year At the City Council meeting of 22 January 2002, staff was directed to proceed to Fort Walton Landing Park. The total implementation plan for the Phase II improvements 600, 000. 00; a total costs for the Phase II improvements have been estimated at approximately $ the CRA for fiscal 2002- 03. The grant of $ 228,303. 00 has been earmarked from budget year in the two- timeframe. funds will assist the City in completing the improvements year DISCUSSION: The DEP Land and Water Conservation Fund Program is offering grants