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HomeMy WebLinkAboutR-98-1122J-98-1076 11/2/98 RESOLUTION NO. 9 8—H 2 2 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTER -LOCAL AGREEMENT WITH MIAMI-DADE COUNTY, IN SUBSTANTIALLY THE ATTACHED FORM, TO COMPLETE THE ENVIRONMENTAL ENHANCEMENT AND MANGROVE RESTORATION WORK ON VIRGINIA KEY REQUIRED UNDER THE CONSENT AGREEMENT DATED MARCH 15, 1996, AT A COST NOT TO EXCEED $65,000, SAID COMPENSATION TO BE PAID BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, ON A REIMBURSEMENT BASIS, IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE CITY OF MIAMI DATED MAY 28, 1998, DEP CONTRACT NO. SP406. WHEREAS, the City of Miami and Miami -Dade County are presently conducting restoration and enhancement activities on Virginia Key (the "Project") in accordance with a consent agreement dated March 15, 1996; and WHEREAS, the total cost of the Project is estimated at $130,000; and WHEREAS, Miami -Dade County has performed a substantial part of the Project, at an estimated cost of $65,000, and wishes to complete the Project provided the City of Miami agrees to reimburse the County for the completion costs in an amount not to exceed $65,000; and WHEREAS, the City of Miami and the State of Florida ATTACHMENT (3)I CONTAINED CITY CONK== MEMMIG OF NOV 17 M8 98-� 2 Department of Environmental Protection (11DEP11) have entered into an agreement dated May 28, 1998 (the "DEP Agreement") pursuant to which DEP has agreed to contribute up to $65,000 toward the total cost of the Project, provided that the balance of said cost be provided by the City in the amount $65,000; and WHEREAS, the services already performed by Miami -Dade County, in the amount of $65,000, qualify as the "balance of the cost" required under the DEP Agreement; and WHEREAS, the City of Miami agrees to use the $65,000 allocated by DEP, to compensate Miami -Dade County for its work in the completion of the Project, said compensation to be paid on a reimbursement basis; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to execute an Interlocal Agreement with Miami -Dade County, in substantially the attached form, to complete the environmental enhancement and mangrove restoration work on Virginia Key as required by the consent agreement dated March 15, 1996, at a cost not to exceed $65,000, said compensation to be paid by the Florida Department of Environmental Protection, on a reimbursement basis, in accordance with the terms of the Agreement between the Florida Department of Environmental - 2 - 98-JL_1122 Protection and the City of Miami dated May 28, 1998, DEP Contract No. SP406. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.1/ PASSED AND ADOPTED THIS 17th day of November , 1998. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not ind;�c;ate ao!)rcv^' of this legislation by signing it in the designated place provided, ca becomes effective with the elapse of ten (10 ays f m the d 4 Gw;nmissic aciicn regarding same, without the Mayor exerc�ing j�o,. -7 77 1 ATTEST: WALTER J. FOEMAN CITY CLERK TNESS:� W3002:ORS:csk J. Fob+, 4WClerk l� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. - 3 - 98-1140`0 INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY This Agreement is entered into this day of , 1998, by and between the City of Miami, a municipal corporation of the State of Florida, (the "City") and Miami -Dade County, a political subdivision of the State of Florida (the "County"). RECITALS A. The City and the County are presently conducting certain restoration and enhancement activities on Virginia Key (the "Project") in accordance with a consent agreement dated March 15, 1996. B. The County has performed a part of the Project, and wishes to complete the Project provided the City of Miami agrees to reimburse the County for the completion costs in an amount not to exceed $65,000. C. The City and the State of Florida Department of Environmental Protection ("DEP") have entered into an agreement dated May 28, 1998 (the "DEP Agreement") pursuant to which DEP has agreed to contribute up to $65,000 toward the total cost of the Project. D. The City wishes to use the $65,000 allocated by DEP, to compensate the County for its work in completing the Project in accordance with the terms and conditions set forth herein. E. The City agrees to preserve the restoration site in perpetuity. NOW, THEREFORE, in consideration of the promises and the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree to as follows: 1. TERM: This Agreement shall commence on the date of execution and continue through, and terminate on October 1, 1999. 98-1122 2. STATEMENT OF WORK: The County shall perform all work necessary to complete the Project as more particularly described in the "Scope of Work" schedule attached hereto as Exhibit A and made part of this Agreement. 3. CONSIDERATION: Subject to the terms and conditions set forth herein, the City agrees to reimburse the County for the costs and expenses incurred by the County in the performance of the services hereunder, up to $65,000. The County understands and agrees that the City's obligations hereunder are contingent upon, and subject to, the availability of funds and funding under the DEP Agreement. The County further acknowledges and agrees that the amount available for reimbursement hereunder is limited to $65,000 and that the City shall not be required to use any of its own funds to pay for the services of the County under this Agreement. 4. REIMBURSEMENT. INVOICING AND PAYMENT: In order to be entitled to reimbursement under the DEP Agreement, the County shall comply with certain documentation and record keeping requirements described in Exhibit "B", attached hereto and by this reference made a part of this Agreement (the "Documentation Requirements"). The County agrees to comply, and prepare all invoices in accordance with, the Documentation Requirements and to submit them to the City as follows: Attn: Barbara Pruitt Sanitation Services Coordinator Department of Solid Waste 1290 N.W. 20`h Street Miami, Florida 33142 The City agrees to process and submit to DEP the documentation received from the County and required under the DEP Agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this day and year first written. CITY OF MIAMI, a municipal corporation ATTEST: of the State of Florida WALTER J. FOEMAN CITY CLERK By: DONALD H. WARSHAW CITY MANAGER 2 9 8 -- 1 1 2 2 APPROVED AS TO FORM AND REVIEWED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: ALEJANDRO VILARELLO CITY ATTORNEY ATTEST: HARVEY RUVIN CLERK OF THE BOARD APPROVED AS TO FORM AND LEGAL SUFFICIENCY: COUNTY ATTORNEY Bv: MARIO SOLDEVILLA ADMINISTRATOR RISK MANAGEMENT MIAMI-DADE COUNTY, FLORIDA, by its Board of County Commissioners MERRITT STIERHEIM COUNTY MANAGER 3 CITY OF MIAMI, FLORIDA 32 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members DATE: OCT 19 1998 FILE: of the City Commission SUBJECT: Miami -Dade County Inter -local Agreement FROM: Donald H. Warshaw REFERENCES: Virginia Key Mangrove City Manager ENCLOSURES: Restoration Project RECOMMENDATION It is respectfully requested that the City Commission authorize the City Manager to execute the attached Inter -local Agreement between the City of Miami and Miami -Dade County. This agreement delineates the manner in which our entities will complete work to restore portions (see attached map) of the wetlands areas and shorelines and to make vegetative and other environmental enhancements on City property on Virginia Key. The agreement provides a conduit for Miami - Dade County, Department of Environmental Resources Management (DERM) to provide $65,000 of in -kind restoration and enhancement work as a match for $65,000 in reimbursable grant funds from the Florida Department of Environmental Protection. BACKGROUND In March of 1996, as a result of certain environmental disturbance associated with the recovery of Hurricane Andrew, specifically the burning of debris at the City `s Virginia Key yard trash facility, the City entered into a consent agreement with Miami -Dade Department of Environmental Resources Management (DERM) for the restoration of sites identified to be critical to the preservation of the wetlands, the shoreline and certain protected animals living there. A variety of restoration and enhancement activities have been occurring over the past two years, the date on which the City initially applied for the grant under discussion, with Solid Waste forces and funds, in conjunction with Miami -Dade County's Department of Environmental Resources Management (DERM)'s forces with funds from the Biscayne Bay Environmental Enhancement Trust Fund (BBEETF). -A great deal of the mitigation work has been accomplished with this cooperation between our two entities. Miami -Dade County's DERM proposed to the grantor that this grant could be used to complete certain phases of the mandated mitigation work and to provide 98-11;2 The Honorable Mayor and Members of the City Commission -2- significant enhancement to the wetlands, the shoreline and the preservation of certain animal life in the areas, especially sea turtles. The Department of Environmental Resources Management committed to continue its work at Virginia Key and to provide the $65,000 of in -kind enhancement work in return for the ability to expand this work with the $65,000 which the State Grant would provide on a reimbursable basis, through the city as the grant recipient. Miami - Dade County's DERM was not eligible, as a regulatory agency, to apply for the Grant and the property was owned by the City. Through this vehicle, the City's property- will be significantly enhanced and preserved for the enjoyment of residents and tourists for years to come. It is important to note also that it will be at no cost to the City. DHW/RM/CP/blp r CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Raul Martinez DATE: FILE: Assistant City M ager SUBJECT: Inter -local Agreement City of Miami/Miami-Dade 4aarance County Re: Mitigation FROM: Patter,son, irector REFERENCES: Work at Virginia Key Department of Solid Waste ENCLOSURES: Transmitted herewith is an Inter -local Agreement with Miami -Dade County for the purpose of completing mitigation work at Virginia Key pursuant to a Consent Agreement with the Department of Environmental Resources Management, dated March 15, 1996. We are requesting that the City Manager recommend to the City Commission that they approve this Inter -local agreement so that we can bring this phase of the mitigation work, begun in 1996, to a close. Solid Waste staff have worked with Miami -Dade County's Department of Environmental Resources Management (DERM) and the State of Florida's Department of Environmental Protection (DEP) for several years both in terms of the mitigation and securing the grant to which this Inter -local applies. Upon my return, my meetings with officials from DERM who are both regulatory and operations representatives assured me that it was in the interest of the City, because of the improvements to the wetlands, shore line and sea turtle preservation and the fact that these are being paid for by state funds and in -kind services from DERM, to consummate the final agreement which would bring that result about. The work has been going on for several months and DERM has assured me that the funds are in place for the $65,000 of in -kind services which will match the $65,000 which DEP has awarded the City. In effect, DERM will do the work and provide the reimbursement packages for submission to DEP. The reimbursement will then be turned over to Miami -Dade County pursuant to the conditions of the Inter -local. CP/AMM/amm 31 =6 WV 06 d3S 86 33IJ30 S839VNVW A113 98-1122 r. rfi/i/ r :i. b. 11007 o� 0 MAO�, af'r1Lt N /a7 V 1+ Ic t J DEP Contract No. P4 06o AttoChwant A. Page 3 of S u Q _ 1 i 2 2 aw yoga ) rL ®o0s CAMWO MNI WV4 Nam► LVJ C4M P1AHMR CXWWO Y�NOAO� owu+�t. Q�ON� '�10�1 011LK!!1 2' WYf1i OME'R rtAE it0RR1S CUT 24vy atom VOUAW WK " Now risk C"O tt. scat w Pttt VCOM+Cww oaM row SHM I7- •- �. _ oil [Ilq .i. " ,' L L .� , ` Y ``" •� �IAIIOL.011q� � ` ` Jl VIROINIw sty •.w�a �.wrs 'L�+►.j•�•� QRwrw Sr • a ►t Y �r TOP OF BAW Ozo /�%i ELT3.0 � � jW%1//j�%i VZZ ;/ ,Z///// \Q NEW RIPPAP W/ 2:1 SLOrC �vsrsv�AMANOvic /.ij/�/,ram/�/�i�//ij y TEA / �•r . ■.-/��/��i/��/� Dw Cortract No. SP406. Attachment A, PaS& 4 of S 98-11*22 I -Mau OWL TO ILT 1• FADMO DEr CenC"Ct Ho. Sr406, At eaelnWnt A, rose 3 of s 9 8 -1.1 2 2 eoo® 'Lt c =4 a otgo lit tot& TC;tT IS/TT/do