HomeMy WebLinkAboutR-86-0852J-86-880 I
RESOLUTION NO. %— ;!
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, Ito' �ZUFSTANT1ALL.Y THE
FORM ATTACHED HERETO, PF:TWFFN THE CITY OF
MIAMI AND METROPO[J TAN PADid COUNTY, FOR THE
SALE OF APPROYJM'fTFLY 5,000 CUFIC YARDS OF
EXCESS FILL MATFRIAL, FROM U RGINIA KEY AT THE
PRICE OF $2.00 PER CUPIC YARD, LOOSE MEASURE.
WHEREAS, Metropolitan Dade County has an urgent need of
fill material to cover drying beds at the Virginia Key Treatment
Plant; and
WHEREAS, the City Commission of the City of Miami, by
Motion No. 86-711 adopted on September 11, 1986 authorized the
sale of approximately 35,000 cubic yards of fill material, stored
on Virginia Key, to Metropolitan Dade County at a price of $2.00
per cubic yard;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE s
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute an agreement for the sale of excess fill material from
Virginia Key, in substantially the form attached hereto, to
Metropolitan Dade County, for the price of $2.00 per cubic yard,
loose measure.
Section 2. Proceeds from the herein authorized sale •re
hereby directed to be used for improvements in City parks.
PASSED AND ADOPTED this23,day of October , 1986.
4� - 45;w
ATTEST*
PREPARED AND APPROVED BY:
K
CHIEF DEPUTY CITY ATTORNEY
APPR,P,ED AS TO FORM A CORRECTNESS:
LUUIR A. VUU(itltt{1;Y,
CITY ATTORNEY ��
OCT 23 199E
THIS AGREEMENT entered into this day of ,
1986 by and between THE CITY OF 11JAMI, a Municipal Corporation of
Dade County, State of Florida, hereinafter referred to as "CITY"
and METROPOLITAN DADE COUNTY hereinafter referred to as "COUNTY".
WITNESSFTH
WHEREAS, the City Commission of the City of Miami, by motion
No. 86-711 adopted on September 11, 1986, authorized the City
Manager to sell approximately 35,000 cubic yards of surplus fill
on Virginia Key, to the Metropolitan Dade County for the Price of
$2.00 per cubic yard (loose measure); and
NOW, THEREFORE, in consideration of the promises and the
mutual covenants and obligations herein contained, and subject to
the terms and conditions hereinafter states, the parties hereto
understand and agree as follows:
SECTION I - TERM:
This Agreement shall terminate one year after the above date
of execution or when the specified amount of material has been
removed whichever comes first. However, because of the possible
conflicts outlined in, but not limited to, Section II - E & F,
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 - COUNTY AGREES:
A. To purchase up to 35,000 cubic yards (loose) of material
(depending on availability and possible site usage as decided by
the City) located at the North End of Virginia Key from the CITY
and to pay the CITY for this material the unit price of $2.00 per
cubic yard (loose measure). COUNTY will load and remove the
subject material with it's own equipment.
B. To make payments to the CITY on November 1, 1986, and on
the first of the Month every three months thereafter and upon
termination of the work. Payment to be based can estimated
quantities of material removed during those periods prior to each
payment.
C. To remove the surplus fill material at the borrow area
to an even grade no lower than elevation +10.0 within the
horizontal limits directed by the City Engineer. Any material
excavated beyond the horizontal and vertical control limits
established by the CITY Shall be replaced by the COUNTY.
D. To maintain the stability of the dikes traversing the
fill site and repair any damage to the dikes resulting from his
borrow operations. The COUNTY may be allowed to construct an
opening in the dike to facilitate his work upon approval from the
CITY ENGINEER. In this case, material from the dike is to be
conveniently stockpiled and replaced & compacted in its original
location upon termination of this Agreement.
E. To temporarily suspend work if and when the site is
required for use by the CITY. At this time there is a
possibility that this area could be used as a motorcross site for
about one month sometime in February 1987.
F. To terminate work if and when it becomes necessary for
the CITY to utilize the area as a disposal site for dredged or
excavated material. At this time the Metropolitan Dade County
Seaport plans to deposit material at the site approximately in
April 1987 if all goes well with the design and bidding
processes.
G. To conduct the borrow operation in such manner that all
streets, roadways, access roads etc. are maintained during the
term of this agreement and are left in a condition at least equal
to what they were prior to commencement of the work. In order to
control dust, the COUNTY shall water that length of access road
abutting habitated areas when directed by the City Engineer.
H. To defend, indemnify, and save harrrlefis the CITY against
any and all claims, suits, actions for da.ma.ges, or costs of
actions arising for any personal in ury, loss of life, or damage
to property, sustained by reason of or as s result of the COUNTY
(it's agents, erpl.oyees or vorlmpn's) c8re3.essnes5, or negligence
arising from the performpnce of this contract; from and against
any orders, judgements, or decrees which may he entered thereon
and from and against all costs, attorneys fees, expenses and
liabilities incurred in the defense of any claims and the
investigation thereon.
I. To notify the CITY at least 24 hours in advance of the
proposed scheduling of work.
SECTION III - CITY AGREES:
A. To provide the contractor with access to the subject
site.
B. To provide the necessary horizontal and vertical
controls.
C. To designate an Engineer to coordinate and monitor the
contractor's work.
SECTION IV - BASIS OF PAYMENTS:
The COUNTY will cooperate with the CITY ENGINEER in
determining the most appropriate method to calculate the final
and total amount of material hauled. Interim estimated payments,
however, as outlined in SECTION II - B will be based on the
number and volume of hauling equipment used during each pay
period.
SECTION V - 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.
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CITY OF MIAMI
Public Works Department
Attn: Jim I_,sukanech
275 N.W. 2 Street
Miami, rlorida 33128
COUNTY
Miami -Dade Water & Sewer
Authority Department
3575 S . Le.ieune. Road
Miami, Florida 33133
B. Title ;=na paragraph headings are for convenient
reference and are not a part of this A�?reemient:.
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 hereof, and no waiver shall be effective
unless made in writing.
SECTION VI - NONDELEGABI.LITY:
That the obligations undertaken by the COUNTY pursuant to
this Agreement shall not be delegated or assigned to any other
person or firm unless CITY shall first consent in writing to the
performance or assignment of such service or any part thereof by
another person or firm.
SECTION VII - AUDIT RIGHTS:
CITY reserves the right to audit the records of the COUNTY
at any time during the performance of this Agreement ane for a
period of one year after final payment is made under this
Agreement.
SECTION VIII - AWARD OF AGREEMENT:
The COUNTY warrants that it has not employed or retained any
person employeed 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 IX - CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
SECTION X - SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein,
there heirs, executors, legal representatives, successors, and
assigns.
SECTION XI - CONFLICT OF INTEREST:
The COU14TY is aware of the conflict of interest laws of the
City of Miami (City of: Miami Code Chapter 2, Article V) , Dade
County Florida (Dade County Code Section 2-II.I) and the State of
Florida, and agrees that he will. fully comply in all respects
with the terms of said laws.
SECTION XII - INDEPENDENT CONTR/iCTOR:
The County and it's employees and agents shall be deemed to
be independent contractors, and not agents or employees of CITY,
and shall not attain any rights or benefits under the Civil
Service or Pension Ordinances of: CITY, or any rights generally
afforded classified or unclaEsi-fied employees; further he shall
not be deemed entitled to the Florida Workers' Compensation
benefits as an employee of CITY.
SECTION XIII - NONDISCRIMINATION:
The COUNTY agrees that it shall not discriminate as to race,
sex, color, creed, or national origin in connection with his
performance under this Agreement.
SECTION XIV - MINORITY PROCUREMENT COMPLIANCE:
The COUNTY acknowledges that it has been furnished a copy of
Ordinance No. 10062, the Minority Procurement Ordinance of the
City of Miami, and agrees to comply with all applicable
substantive and procedural provisions therein, including any
amendments thereto.
SECTION XV - DEFAULT PROVISION:
In the event that the COUNTY shall fail to comply with each
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 COUNTY
may cancel and terminate this Agreement, and all payments,
advances, or other compensation paid by the COUNTY shall be
retained by the CITY.
-5- 86-��X
SECTION RVI - AMENDni NTS :
No grrnc!mFntc to this Agreement shall be binding on either
party unless in Writing and signed by bath parties.
SECTION X\rJ Imo-- C0177-1ANCE W3 71i f EDFRAL, f STATE AND LOCAL LAWS:
Both parties shal1 corply u.-i.th Rll applicable laws,
ordinances and codes of Federal, State and Local Governments.
IN WIT14ESS WHEREOF, the parties hereto have caused this
instrument to be execute. by the respective officials thereunto
duly authorized, this the day and year first above written.
THE CITY OF MIAMI ( a municipal
corporation of the State of
Florida)
ATTEST:
Mw�;�rw�'�;li:�;��•��►y`��l��l:�: M�.•%.�:a:��l�i[���i��•��c`, r•rt3�i:
WITNESSES: �.'�;�. METROPOLITAN DADE COUNTY
oe
Y 7�
APPROVED AS TO FORM & CORRECTNESS
s
LUCIA A.
,
CITY ATTORM
APPROVED AS TO INSURANCE REQUIREMENTS
RISK M�AGEHENT
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11
CITY OF MIAMI. rLORIDA
INTER -OFFICE MEMORANDUM
To. Honorable Mayor and DATE OCT 1619 0"LU
Members of the City Commission
SUBJECT Resolution •- Athorizing City
Manager to Execute Agreement to
Sell Excess Fill Material from
rotor+: Cesar H. Odio REFERENCE yi r g i n i a Key
City Manager ENCLOSURES City Commission Meeting
Agenda - October 23, 1986
It is recommended that the City Commission adopt
a resolution authorizing the City Manager to
execute an agreement in substantially the form
attached, to Sell excess fill material from
Virginia Key to Metropolitan Dade County at the
price of $2.00 per cubic yard, loose measure.
On September 11, 1986 Members of the Metropolitan Dade
County Water and Sewer Authority Department appeared before
the City Commission requesting to purchase approximately
35,00o cubic yards, loose measure, of fill material from the
City's fill disposal site adjacent to the sewage treatment
plant on Virginia Key.
The Commission passed motion 86-711 authorizing the sale of
this material to Metropolitan Dade County at the price of
$2.00 per cubic yard.
As in the last sale of this material, the resolution directs
that the proceeds of this sale be used for improvements in
City parks.
DW ;SV:mh
Resolution Attached
cc: Alberto Ruder