HomeMy WebLinkAboutR-90-0354�1
J--90- 334
4/26/90
RESOLUTION NO.
90" 354
A RESOLUTION, WITH ATTACHMENT, 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 ON THE
WEST SIDE OF VIRGINIA 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 of Miami
owned spoil islands located on the wet side of Virginia 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 two City -owned spoil islands located on the
west side of Virginia Key; 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
Metropolitan Dade County, setting forth the responsibilities of
the County and City to implement shoreline restoration activities
at two City -owned spoil islands located on the west side of.
Virginia Key, with said shoreline restoration activities to be
-__ undertaken at no cost to the City.
=20-
Section 2. This Resolution shall become effective
immediately upon Its adoption.
PASSED AND ADOPTED this 24th day of ay 1990.
'I
XAVIER L. AR Z, MAYOR
AT`I T . `~
O -
MATTYIHIRAI —
City Clerk
PREPARED AND APPROVED BY:
Mii A K . kEARSON /
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
J0fRGE L. F
City Attor
LKK/pb/M1468
-2-
90- 34
a
AGR.EEMFTTT
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 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 two city of Miami Spoil islands
on the Kest side of Virginia 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 covenantee 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. The site is more
particularly described as indicated on Attachment A of this
Agreement (legal description provided by the City of Miami).
SECTION II - RESTORATION ACTIVITIES CONTEMPLATED
The following conceptual shoreline restoration
activities are contemplated by the City and and County at the two
City of Miami owned islands:
1. :site clean-up and preparation.
2. Restoration of parts of the islands with native
wetland and upland vegetation.
3. Shoreline stabilization along eroding shorelines
of the islands.
go- 354
SECTION III - RESPONSIBILITIES OF THE CITY OF MIAMI
The City shall review and comment on conceptual drawings,
construction plans and specifications of all phases of the project. _
SECTION ICI - RESPONSIBILITIES OF THE COUNTY
Once the conceptual plans are approved,
A. The County shall prepare and obtain all permits and
approvals required to the project.
B. (1) The County may implement informal bid procedures
and award one or more contract(s) f•or 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.
SECTION V - TERMS AND EXTENSIONS
A.
the date of
The terms of this Agreement shall
execution by both parties hereto;
and ending on
be two (2) years from
beginning on
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 kgreement. No additional funds shall be committed
in excess of of the amount authorized by the Board of County
Commissioners pursuant to Section VI A. I. below.
SECTION VI - COMiPENSATION AND PAYMENTS
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 using funds available through the Seaport Environmental.
Mitigation Program. Coats 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 construction and
90- 354
El
11
restoration in phases as funding becnmes
3. Should the funding anticipated at the time of execution
be discontinued, this contract will be terminated or amended as
appropriate.
R. iPaX ent
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 - INDEMNITY AND HOLD HARMLESS
Effective upon completion of all restoration and
construction activities, the City shall indemnify and hold the
County harmless from any and all subsequent claims resulting from
any injuries which are alleged to have resulted from acts or
omissions related to maintenance associated with this project. This
indemnification and hold harmless shall not extend to claims which
are based upon allegations of defective or latent conditions
associated with the project's construction, or to claims based upon
alleged negligence of the County unrelated to maintenance.
Indemnification under this provision shall be to the extent allowed
by law.
SECTION IX - 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 X - TERMINATION
This Agreement may be terminated by either party upon sixty
days prior written notice to the other of the intention to
terminate.
SECTION XI - NOTICES
All notices required or permitted to be given under the
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:
90- 354
As to the County:
Director, Department of Environmental Resources Management
Suite 1310
in Nw First Street
Miami, FL 33128
As to the City:
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 XIII - 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 XIV - 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 XV - INVALIDITY OF CLAUSE
The invalidity of any portion, article, paragraph, provision
or clause of this Agreement, or extension(&) thereof, shall have no
effect upon the validity of any other part or portion thereof.
SECTION XVI - 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 XVII - ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the
90- 354
-MIM
par'--ies and contains all of the, terms, and conditions t hereof, -11 .1.
prior agreements and understandings whether oral or written hpvinq
been merged herein.
IN WITNESS WHEREOF, the parties hereto have'calisr-d this
Agreement to be executed by their appropriate officials an 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 C-iFty Manager
Attested: Attested:
By: Deputy Uerk BY: — City Clerk
90- 354
LA
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
CA w30—
Honorable Mayor and Members MAY s �s90
TO of the City Commission DATE FILE -
Agreement with Metro
SUBJECT Dade County/Virginia
Key Spoil Islands
FROM
Cesar H. Odio REFERENCES For City Commission
City Manager Meeting of 5/24/90 —
ENCLOSURES
RECOMMENDATION;
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 on the west side of Virginia Key; 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 and recommends the
attached Resolution be adopted by the City Commission.
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 two City -owned spoil islands
located on the west side of Virginia Key, as shown on the
attached map. Accordingly, these activities will be
undertaken at no cost to the City.
Shoreline restoration activities 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
90— 354
Ll
ENVIRONMENTAL ENHANCLENIENT PRIOJEC7
ii�ii -�.
II 111 ll�t vj!r 1, rilill -1 11111111 11 jjj�
I I I I k ill lill'i'll !III