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HomeMy WebLinkAboutR-94-0008J-94-047 1/3/94 94- 8 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT, RATIFYING, APPROVING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN EXECUTING AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO SELL 300,000 CUBIC YARDS OF FILL MATERIAL FROM THE VIRGINIA KEY STOCKPILE TO THE CITY OF NORTH MIAMI FOR THE LUMP SUM AMOUNT OF $50,000. WHEREAS, the City of Miami has available at its Virginia Key stockpile a supply of clean dredged fill material generated from the dredging of the Outer Bar Cut and the Government Cut Channels and the Fisher Island turning basin; and WHEREAS, on October 20, 1993, the City of North Miami requested 300,000 cubic yards of fill material from the Virginia Key stockpile for the pending City of North Miami landfill closure; and WHEREAS, the City of North Miami requires this large quantity of fill for municipal purposes and for the benefit of the public; and WHEREAS, pursuant to Resolution No. 93-751, adopted November 23, 1993, the City Commission autnorizea tine standardization of methods and rates for the sale of fill at prevailing market rates, ranging from $2.39 (wholesale) to $4.88 CITY COMMON MEETING OF JA N 1 3 1994 94- 8 (retail) per cubic yard, and/or for in kind contributions for the benefit of the public; and WHEREAS, prior to the November 23, 1993 Commission action, representatives of the City of Miami's Solid Waste Department verbally committed to release 300,000 cubic yards of fill material; and WHEREAS, due to the nature of the City of North Miami's request, on December 20, 1993 the City Manager negotiated the sale of fill to the City of North for a lump sum amount of $50,000; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings set forth 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's action in executing an ( agreement, in substantially the attached form, to sell 300,000 cubic yards of fill material from the Virginia Key stockpile to the City of North Miami for a lump sum amount of $50,000. Section 3. This Resolution shall become effective immediately upon its adoption. 94- 8 -2- I i PASSED AND ADOPTED this 13th day of January 1994. STtPHEN P. CIJARK, MAYOR ATTE T: i ATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: CARMEN L. LEON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: f Al 11 1 Q J III CITY ATTO Y CLL:oSk:M4081 i i -3- AGREEMENT THIS AGREEMENT entered into this day of 19_ by and between the CITY OF MIAMI, a Florida municipal corporation, hereinafter referred to as "CITY", and the CITY OF NORTH MIAMI, hereinafter referred to as "BUYER". WITNESSETH WHEREAS, the City of Miami has available at its Virginia Key stockpile a supply of clean dredged fill material generated from the dredging of the Outer Bar Cut and the Government Cut Channels and the Fisher Island turning basin; and WHEREAS, on October 20, 1993, the City of North Miami requested 300,000 cubic yards of fill material from the Virginia Key stockpile for the pending City of North Miami Landfill Closure; and WHEREAS, on November 23, 1993, the City Commission of the City of Miami, by Resolution No. 93-751, authorized the City Manager to sell fill material from the Virginia Key stockpile at prevailing market rates and/or, for in kind contribution for the benefit of the public; and WHEREAS, prior to the November 23, 1993 City Commission action, representatives of the City of Miami's Solid Waste Department verbally committed to sell 300,000 cubic yards of fill to the City of North Miami for the negotiated price of $50,000; NOW, THEREFORE, in consideration of the promises and the 1 mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: SECTION I - TERM: This Agreement shall terminate ninety (90) days after the above date of execution or when the specified amount of material has been removed, whichever comes first. However, the CITY reserves the right to terminate this Agreement at any time prior to completion of the work without penalty to .the CITY when it deems it is in the best interest of the CITY to do so. SECTION II - BUYER AGREES: A. To purchase 300,000 cubic yards of loose fill material presently located at the north end of Virginia Key for the negotiated price of $50,000. B. To pay the CITY a fifty percent (50%) deposit of the purchase price at the time of execution of this Agreement. The remaining fifty percent shall be paid upon termination of the removal of the fill. Payments must be addressed to the City of Miami as is outlined in Section IV - General Conditions. C. To remove the surplus fill material from the stockpile to an even grade no lower than elevation +10.0 within the horizontal limits directed by the CITY. Any material excavated beyond the horizontal and vertical control limits established by the CITY shall be replaced by the BUYER. D. To temporarily suspend work if and when the site is required for use by the CITY. 1 , • 2 E. To pay all costs associated with any required testing of fill material and any other expenses including transportation costs. F. To conduct the fill removal in such manner that all streets, roadways, access roads etc. are maintained during the removal period and are left in a condition at least equal to what they were prior to commencement of any testing or fill removal. In order to control dust, the BUYER shall water that length of access road abutting inhabited areas when directed by the CITY. G. To notify the CITY at least 24 hours in advance of the proposed scheduling of hauling and of the proposed transportation method. H. To defend, indemnify, and save harmless the CITY from and against any and all claims, suits, actions for damages, or costs of actions arising for any personal injury, loss of life, or damage to property, sustained by reason of BUYER'S activities under this Agreement; from and against any orders, judgments, or decrees which may be entered thereon; and, from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any claims and the investigation thereon. SECTION III - CITY AGREES: A. To provide the contractor with access to the subject site within reasonable working hours. B. To provide the necessary horizontal and vertical controls. 94- g 3 C. To designate a staff member to coordinate and monitor the BUYER's work. SECTION IV - GENERAL CONDITIONS A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI City Manager c/o Office of Asset Mngmt. 300 Biscayne Blvd. Way Suite 400 Miami, Florida 33131 BUYER City of North Miami c/o David W. Wolpin City Attorney 776 Northeast 125 Street North Miami, Fl. 33261 B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision thereof, and no waiver shall be effective unless made in writing. me 4 0 • SECTION V - NONDELEGABILITY: The obligations undertaken by the BUYER pursuant to this Agreement shall not be delegated or assigned to any other person or firm. f j SECTION VI - AUDIT RIGHTS: CITY reserves the right to audit the records of the BUYER at any time during the performance of this Agreement and for a period of one (1) year after final payment is made under this Agreement. SECTION VII - AWARD OF AGREEMENT: The BUYER warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that he has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. SECTION VIII - CONSTRUCTION OF AGREEMENT: This agreement shall be construed and enforced according to the laws of the State of Florida. SECTION IX - SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. SECTION X - DEFAULT PROVISION: In the event that the BUYER shall fail to comply with each 94- 8 5 and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then the CITY, at its sole option, upon written notice to the BUYER may cancel and terminate this Agreement, and all payments, advances, or other compensation paid by the BUYER shall be retained by the CITY. SECTION XI - AMENDMENTS: No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. SECTION XII - COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Both parties shall comply with all annlicable laws. ordinances and codes of federal, state and local governments, including Florida's Workers Compensation and automobile insurance laws. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this day and year above written. ATTEST: MATTY HIRAI CITY CLERK R THE CITY OF MIAMI, a municipal corporation of the State of Florida CESAR H. ODIO CITY MANAGER • WITNESSES: APPROVED AS TO FORM & CORRECTNESS A. QUINN JONES, III CITY ATTORNEY APPROVED AS TO INSURANCE REQUIREMENTS RISK MANAGEMENT DEPARTMENT •LAWRENCE EY, CITY MANAGER CITY OF NORTH MIAMI 94- 8 7 CITY OF MIAM1, FLORIDA INTER -OFFICE MEMORANI TO: Honorable Mayor and Members of The City Commission FROM : Cesa l0 City ger RECOMMENDATION CA=1 I DATE : � JAN A 19 01 FILE SUBJECT: Resolution Ratifying Sale of Fill to the City of North Miami h EFERENCES :For Commission Meeting ENCLOSURES :of January 13, 1994 It is respectfully recommended that the City Commission adopt the attached Resolution ratifying the City Manager's agreement to sell 300,000 cubic yards of fill material from the Virginia Key stockpile to the City of North Miami for a lump sum in the amount of $50,000 and further ratifying the City Manager's execution of the necessary agreement to effectuate said sale. BACKGROUND The City of Miami has available at its Virginia Key stockpile a supply of clean dredged fill material generated from the dredging of the Outer Bar Cut and the Government Cut Channels and the Fisher Island turning basin. On October 20, 1993, the City of North Miami requested 300,000 cubic yards of fill material from the Virginia Key stockpile without charge for the pending City of North Miami Landfill Closure which will benefit the public. The City Attorney of North'Miami spoke with representatives of the City of Miami Solid Waste Department who verbally committed to release the 300,000 cubic yards of fill. However, on November 23, 1993 by Resolution No. 93-751, the Miami City Commission authorized the standardization of methods and rates for the sale of fill at prevailing market rates which currently range from between $2.39 to $4.88 per cubic yard, or for in kind contributions for the benefit of the public. Nevertheless, due to the nature and urgency of the City of North Miami's request, on December 20, 1993, the City Manager negotiated the sale of fill to the City of North Miami for a lump sum of $50,000 per the attached letter. In order to effectuate the sale, the City Manager executed an agreement stating, among other things, that North Miami must pay all costs associated with any required testing of fill material and that North Miami must indemnify and hold the City of Miami harmless of any liability it may incur related to the sale. A fifty percent (50%) deposit of the purchase price was required at the time of execution, with the remaining 50% balance due upon termination of the removal of the fill. 94- 8 Honorable Mayor and Members of The City Commission Page 2 Therefore, it is hereby recommended that the City Commission adopt the attached Resolution ratifying the City Manager's agreement to sell 300,000 cubic yards of fill material from the Virginia Key stockpile to the City of North Miami for a lump sum in the amount of $50,000 and ratifying the execution of the necessary agreement to effectuate said sale. Attachments: Letter to North Miami dated 12/20/93 Resolution Draft Agreement (not executed) 94_ 8 a CESAR H. Or,10 p�M1b0u i.r� r• 0. (BOX 330:0& CITY MANApEf7 �S�dF�. r'e1�� MIAM1, FLORK)A 33233-0706 :cos - 25a - n4 oa rA• 30o-Zak-Inlc,; December 20, 1993 David Wolpin City Attorney City of North Miami 776 Northeast 125th Street P.O. Box 610847 North Miami, Florida 33126 He: Fill Material at Virginia Key Dear Mr. Wolpin: Pursuant to a meeting with Representative Mario Diaz-Galar,t and Richard Shack, I am pleased to .inform you of my authorization to release 300,000 cubic yards of fill stored at our Virginia Key stockpile site for an agreed upon $50,000 purchase price. As you have advised my office, the negotiated price of $50,000 is based upon verbal commitments made by representatives of the City of Miami's Solid Waste Department prior to the November 23, 1993 City Commission aet.ioh. Please contact the Office of Asset Management, Anna Sardina or Eduardo Rodriguez at 372-4640, in order to execute a Fill Sale Agreement prior to commencing the removal of the referenced fill material. If you have any questions, do riot hesitate to contact my office. Sincerely, Cesar W. Odio City Manager cc: Eduardo Rodriguez Richard Shack Christina Cue.rvo 3