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2016-R-18 RESOLUTION 2016-R-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER REQUESTING ASSISTANCE FOR 2016 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERS ASSISTANCE PROGRAM FOR THE GEORGE KENNEDY PARK SEAWALL RESTORATION, PHASE 2; PROVIDING FOR SEVERABILITY; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the CITY OF EDGEWATER is interested in carrying out the following described project for the enjoyment of the citizenry of the City of Edgewater and the State of Florida: PROJECT TITLE: GEORGE KENNEDY PARK SEAWALL RESTORATION, PHASE 2 TOTAL ESTIMATED COST: $300,000 BRIEF DESRIPTION OF PROJECT: Restoration of approximately 400 linear feet of concrete seawall, replacement of approximately 2,500 square feet of existing sidewalk and replacement of approximately 3,100 square feet of decking on an existing timber fishing pier at the City of Edgewater's George Kenney Park; and Florida Inland Navigation District financial assistance is required for the program mentioned above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA, as follows: SECTION 1. That the Project described above and as further known/described as "George Kenney Park Seawall Restoration, Phase 2;and SECTION 2. Be it further resolved that the City of Edgewater make application to the Florida Inland Navigation District in the amount of fifty percent (50%) of the actual cost of the project on behalf of the City of Edgewater; and SECTION 3. That the City of Edgewater certifies to the following: a. That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. b. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. 1 Resolution#2016-R-18 c. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of the City of Edgewater for public use. d. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. e. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. f. That it will make available to FIND if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the final ten percent (10%) of the funding agreed to by FIND. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 6. Effective Date and Adoption. This Resolution shall become effective immediately upon passage, adoption and recording into the public records of Volusia County with the Clerk of Court. Motion to approve was made by J fes- -6taZ.1 with second by 1 i. )e_r, during the City Council meeting held this 2nd day of May, 2016. AYE NAY Mayor Mike Ignasiak �y Councilwoman Christine Power Councilwoman Gigi Bennington T Councilman Dan Blazi Councilman Gary Conroy 2 Resolution#2016-R-18 PASSED AND DULY ADOPTED this 2nd day of May, 2016. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA 14'4 '�` By Robin L.Matusick Mike Ignasia City Clerk/Paralegal Mayor For the use and reliance only by the City of Approved by the City Council of the City of Edgewater,Florida. Approved as to form and Edgewater at a meeting held on this 2nd day of legality by: Aaron R. Wolfe, Esquire May,2016 under Agenda Item No 8 rt-1 . City Attorney Doran, Sims,Wolfe& Ciocchetti 3 Resolution#2016-R-18