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HomeMy WebLinkAboutR-90-0468J-90-491 6/20/90 RESOLUTION NO. 9 0 — 468 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY -THE ATTACHED FORM, WITH METROPOLITAN DADE COUNTY, SETTING FORTH THE RESPONSIBILITIES OF THE COUNTY AND CITY TO IMPLEMENT SHORELINE RESTORATION ACTIVITIES AT TWO CITY -OWNED SPOIL ISLANDS LOCATED OFF THE WEST SIDE OF VIRGINIA KEY AND AT ONE CITY - OWNED SPOIL ISLAND LOCATED OFF DINNER KEY, WITH SAID ACTIVITIES TO BE UNDERTAKEN AT NO COST TO THE CITY. WHEREAS, Metropolitan Dade County has entered into a cost - reimbursement Agreement with the State of Florida Department of Natural Resources for the Seaport Mitigation Program; and WHEREAS, Metropolitan Dade County has conceptually proposed to use a portion of these funds to enhance two City -owned spoil islands located off the west side of Virginia Key and one City - owned spoil island located off Dinner Key; and WHEREAS, it is now necessary to enter into an Agreement setting forth the responsibilities of both Metropolitan Dade County and the City of Miami to implement shoreline restoration activities at the three above City -owned spoil islands; and WHEREAS, said activities shall be undertaken at no cost to the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an Agreement,"I in substantially the attached form, with J1/ The herein authorization is further subject to compliance with all requirements that may be imposi:d by the City Attorney including but not limited to those prescribed by applicable City Charter and Code provisions. ATTACHMENTS CONTAINED CITY COMMON MEEnNG Of. _.. JUN 28 M 0 - 468 Im �� ra J-90-491 6/20/90 RESOLUTION NO. 90- 468 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY -THE ATTACHED FORM, WITH METROPOLITAN DADE COUNTY, SETTING FORTH THE RESPONSIBILITIES OF THE COUNTY AND CITY TO IMPLEMENT SHORELINE RESTORATION ACTIVITIES AT TWO CITY -OWNED SPOIL ISLANDS LOCATED OFF THE WEST SIDE OF VIRGINIA KEY AND AT ONE CITY - OWNED SPOIL ISLAND LOCATED OFF DINNER KEY, WITH SAID ACTIVITIES TO BE UNDERTAKEN AT NO COST TO THE CITY. WHEREAS, Metropolitan Dade County has entered into a cost - reimbursement Agreement with the State of Florida Department of Natural Resources for the Seaport Mitigation Program; and WHEREAS, Metropolitan Dade County has conceptually proposed to use a portion of these funds to enhance two City -owned spoil islands located off the west side of Virginia Key and one City - owned spoil island located off Dinner Key; and WHEREAS, it is now necessary to enter into an Agreement setting forth the responsibilities of both Metropolitan Dade County and the City of Miami to implement shoreline restoration activities at the three above City -owned spoil islands; and WHEREAS, said activities shall be undertaken at no cost to the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an Agreement ,/ in substantially the attached form, with The herein authorization is further subject to compliance with all requirements that may be impos A by the City Attorney including but not limited to those prescribed by applicable City Charter and Code provisions. ATTACHM. NTS I CONTAINED CITY COMMISSION rEXMG OF _ JUN 28 M .�0^ 46$1 0 Metropolitan Dade County, setting forth the responsibilities of the County and City to implement shoreline restoration activities at two City -owned spoil islands located off the west side of Virginia Key and at one City -owned spoil island located off Dinner Key, with said shoreline restoration activities to be undertaken at no cost to the City. Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 28th day of A7une , 1990. A S MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: r'.44�' Z4-C4 LIN A K. KE SON ASSISTANT CITY ATTORNEY L . SUARU / MAYOR APPROVED AS TO FORM AND CORRECTNESS: JO E L. FEftNANDEZ CIT ATTORN Y LKK:bss:M1571 -2- ;i a i -E AGREEMEMT THIS AGREEMENT, made and entered into this day of 1990, by and between Metropolitan Dade County, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY"), and the City of Miami, a municipal corporation - of the State of Florida, (hereinafter referred to as the "CITY"). Recital: WHEREAS, Dade County has entered a cost -reimbursement Agreement with the State of Florida Department of Natural Resources for the Seaport Mitigation Program and; WHEREAS, Dade County has conceptually proposed to use a portion of these funds to enhance three City of Miami Spoil Islands located on the west side of Virginia Key and offshore Dinner. Key, and; WHEREAS, the purpose of this agreement is to set.out the responsibilities of both the County and the City of Miami. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, and for other good and valuable consideration, the parties hereby agree as follows: SECTION I - LOCATION OF PROJECT The locations of the restoration sites are two dredged spoil islands on the west side of Virginia Key and one spoil island offshore of Dinner Key. The sites are more particularly described as indicated on Attachments Al and A2 of this Agreement incorporated herein by reference. SECTION II - RESTORATION ACTIVITIES CONTEMPLATED The following conceptual shoreline restoration activities are contemplated by the City and and County at the three City of Miami owned islands: 1. Site clean-up and preparation. 2. Restoration of parts of the islands with native wetland and upland vegetation. 90- 46.8 3. Shoreline stabilization along eroding shorelines 2 of the islands. SECTION III - RESPONSIBILITIES OF THE CITY_ The City shall review, comment, and approve conceptual drawings, construction plans and specifications of all phases'of the project. SECTION IV - RESPONSIBILITIES OF THE COUNTY Once the conceptual plans are approved, A. The County shall prepare and obtain all permits and approvals required for the project. B. (1) The County may implement informal bid procedures and award one or more contract(s) for the construction and restoration activities contemplated. The County may elect to perform any portions of the restoration activities without the use of contractors. (2) The County shall prepare any construction plans and specifications necessary for use in the contractor bid process. - C. The County recognizes the City's and the State of Florida's Game and Fresh Water Fish Commission efforts to establish a Critical Wildlife Area, more particularly described as indicated on Attachment B of this Agreement incorporated herein by reference, -= such designation to bound an area that includes two of the herein described spoil islands, and shall coordinate its construction and restoration activities with the City and the State. SECTION V - TERMS AND EXTENSIONS A. The terms of this Agreement shall be two (2) years from the date of execution by both parties hereto. B. This Agreement may be extended for up to five (5) additional terms of one (1) year each. The party wishing to extend this Agreement shall notify the other party of such proposed extension no later than thirty (30) days prior to the expiration of the initial or any extended term of this Agreement. Any extension of the term of this Agreement shall be by written • amendment to the Agreement. No additional funds shall be committed in excess of of the amount authorized'by the Board of County Commissioners pursuant to Section VI A. 1. below. SECTION VI - COMPENSATION AND PAYMENTS 90- 468 -2- .. .. .. . • . .. . . . ei .. 3 e . A. Amount of Funding 1. Upon authorization of the Board of County Commissioners, the County shall commit a total of up to $300,000 for this project initially using funds available through the Seaport Environmental Mitigation Program. Costs may include outside contractual services, materials, and county professional and technical services and fees associated with design, permit applications, preparation of plans and supervision of construction and restoration activities. 2. The County may elect to perform further construction and restoration in phases if additional funding becomes available. 3. Should the funding anticipated at the time of execution be discontinued, this contract will be terminated or amended as appropriate. B. Payment The County is responsible for payment to any contractor(s) to whom (a) bid award(s) is/are made for construction, installation or implementation of the restoration activities contemplated. SECTION VII - RIGHTS OF DECISIONS The County may, upon obtaining the City's consent, delete or modify any or all portions of the restoration activities listed in Section II of this Agreement depending upon the price bid for construction and restoration activities, the availability of funds or the ability to receive the required permits. The consent of the City as provided for in this paragraph shall not be unreasonably withheld. SECTION VIII - AMENDMENT OF AGREEMENT Amendments to this Agreement may be made at any time. Any amendment must be in writing and properly executed by both the County and the City. SECTION IX - TERMINATION This Agreement may be terminated by either party upon sixty days prior written notice to the other of the intention to terminate. SECTION X - NOTICES All notices required or permitted to be given under the 90- 468 -3- terms and provisions of this Agreement by either party to the other shall be in writing and shall be sent by registered or certified mail, return receipt requested, to the parties as follows: As to the County: Director, Department of Environmental Resources Management Suite 1310 Ill NW First Street Miami, FL 33128 As to the City: city Manager City of Miami 3500 Pan American Drive Miami, FL 33133 With a copy to: Assistant Director Department of Development 300 Biscayne Blvd. Way Suite 400 Miami, FL 33131 or to such other address as may hereafter be provided by the parties in writing. Notices by registered or certified mail shall be deemed received on the delivering date indicated by the U.S. Postal Service on the return receipt. SECTION XI - GOVERNING LAW AND VENUE This Agreement shall be construed and enforced according to the laws of the State of Florida. .Any litigation hereunder shall be brought in the applicable state, or federal court in Dade County, Florida. SECTION XII - COUNTERPARTS This Agreement may be executed in one or more counterpart(s), each of which shall be deemed an original. -' SECTION XIII - RIGHT OF OTHERS Nothing in this Agreement express or implied is intended to confer upon any persons other than the parties hereto any rights or remedies under or by reason of this Agreement. SECTION XIV - INVALIDITY OF CLAUSE The invalidity of any portion, article, paragraph, provision -4-- 96- 468 or clause of this Agreement, or extension(s) thereof, shall.have no effect upon the validity of any other part or portion thereof. SECTION XV - ARTICLE HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not effect the meaning or interpretation of any provisions herein. SECTION XVI - ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and contains all of the terms and conditions thereof, all prior agreements and understandings whether oral or written having been merged herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials as of the date first above written. DADE COUNTY, FLORIDA CITY OF MIAMI (a Municipal Corporation of the State of Florida) By: By: Assistant County Manager City Manager Attested: Attested: By: By:Deputy Clerk city Clerk Approved as to form and correctness:. City Attorney 90- 468 -5 - I I IIIIIll III I I l idlilII I i,._ I III, IL,I LI . �I !� I it I�i�� 111�d i O 1 00 I I � �I , i loll eat 0 r Go BOUNDARY CRITICAL WILDLIFE AREA t :u �,` �/h_•., r fir;." � +s �„_-. _ '� 1 t+. ~ r VIRGINIA KEY ATTACHMENT B C P,u,��t /l� Neu d t 4- If cy tr ove- of / 1rr mayor Suarez and Uity Commissioners Miami City Hall dune 27, 1990 Dear Sir: I an writing in reference to the restoration activiti4a planned for the three spoil islands, one south of Dinner Key and the other two west of Virginia Key. On Feb 15, 1990 The Commission passed ordinance 10710 which designated the spoil islands ecologicallysensitive areas. They are indeed unique and ecologically sensitive. But now it seems you want to re -mold them to make them conform to Native Florida vegetation. These islands were never a part of the Florida peninsula. The only proper use of the word "restore" would be to fill in the yacht basin. The vegetation on the islands was not planned by man. And the fact that all the islands developed the same pattern indicates that this is the way Nature planned. I urge you to leave the islands alone. Your Feb decision was a wise one. These islands are ecologically sensitive and do not need restoration activities to improve them. Leave the Native vegetation in Florida where it belongs and don't Spoil a natural island. Thank you for your consideration. Sincerely, ,cC Michael Burtt P.O. Box 331791 coconut Grove, F1 33233 Submitted into the public record in connection ith item r/2� 90 �.� On- . Matty Hirai City Clerk 90— 468 `a s CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members TO: of the City Commission Aoe � FROM : Cesar R. Odio City Manager RECOMMENDATION: CA-4 DATE : J U N 199� FILE Agreement with Metro SUBJECT : Dade County/Virginia Rey s Dinner Rey Spoil Islands REFERENCES For City Commission Meeting of 6/28/90 ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached Resolution, with attachments, authorizing the City Manager to execute an Agreement, in substantially the form attached, with Metropolitan Dade County, setting forth the responsibilities of the County and City to implement shoreline restoration activities at two City -owned spoil islands located off the west side of Virginia Rey and at one City -owned spoil island located offshore Dinner trey; said activities to be undertaken at no cost to the City. BACKGROUND: The Department of Development has been discussing shoreline enhancement activities with the County Department of Environmental Resources Management and recommends the attached Resolution be adopted by the City Commission. On May 20, 1990, the City Commission adopted Resolution 90- 354, authorizing the City Manager to execute an agreement with Metropolitan Dade County for the County to implement shoreline restoration .activities at two City -owned spoil islands off Virginia Key. At a recent meeting between the City, the County and the Coconut Grove Sailing Club, it was agreed that the County would assist the volunteer efforts of the Coconut Grove Sailing Club to clean-up and enhance the southernmost spoil island of Dinner Key. The County has agreed to expand its shoreline restoration activities to include this Dinner Key spoil island in addition to the Virginia Rey spoil islands, The County program will complement the trash pick-up efforts of the Coconut Grove Sailing Club at the Dinner Key spoil island. A Honorable Mayor and Members of the City Commission Page Two Metropolitan Dade County has entered into a cost reimbursement Agreement with the State of Florida Department of Natural Resources for the Seaport Mitigation Program. Dade County has proposed that a portion of these available funds, up to $300,000, be used to enhance all three City -owned spoil islands (two offshore Virginia Key and one offshore Dinner Key). Accordingly, these activities will be undertaken at no cost to the City. Shoreline restoration activities at these three City -owned spoil islands are contemplated to include site clean-up and preparation; restoration of parts of the islands with native wetland and upland vegetation; and shoreline stabilization along eroding shorelines of the islands. Attachments: Proposed Resolution Agreement