08-1954 Amendment 3 to Agmt with USDA Natural Resources Conservation Services (NRCS) for Gee Creek erosion control

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RESOLUTION 08-1954 "A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING THE EXECUTION OF AMENDMENT NO. 3 TO THE AGREEMENT WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE, NATURAL RESOURCES CONSERVATION SERVICES (NRCS) FOR THE EROSION CONTROL PROJECT FOR GEE CREEK; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE." WHEREAS, under the provisions of Section 216 of Public Law 81-516, the USDA authorized the NRCS to assist State and local governments with relieving hazards created by natural disasters that cause sudden impairment of a watershed; and WHEREAS, a segment of Gee Creek, immediately behind the homes on the south end of Osceola Trail, has experienced pervasive erosion and said erosion has threatened homes and appurtenant structures (pools, concrete decks, sheds, etc.); and WHEREAS, in March, 2007, the Public Works Department submitted an application to NRCS to obtain matching funds under the Emergency Watershed Protection Program to assist with the Gee Creek Erosion Control Project; and WHEREAS, NRCS accepted the application and agreed to contribute a total not to exceed $130,000 for construction costs associated with this project; and WHEREAS, after conducting a field visit, NRCS further agreed to allocate an additional $500,000 to the project (Amendment No. 1) in an effort to address the entire segment of Gee Creek; and WHEREAS, after Public Works later encountered issues with the planning and design phase of the project, NRCS approved of Amendment No. 2 which provided a four (4) -month extension, extending the project's completion date to October 31, 2008; and WHEREAS, as a result of the high level of rainfall from Tropical Storm Fay the project was further delayed and Public Works submitted an application to NRCS requesting a final extension; and WHEREAS, Amendment No. 3 to the original agreement provides for a 2 -month extension extending the completion date to December 31, 2008; and WHEREAS, Public Works staff has reviewed Amendment No. 3 to the original agreement submitted by the USDA-NRCS and has found it to be favorable to the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION I. The City Commission of the City of Casselberry hereby approves Amendment No. 3 to the original agreement with the United States Department of Agriculture, Natural Resources Conservation Services (NRCS), attached as "Exhibit A", and authorizes the Mayor to execute said document on behalf of the City.