HomeMy WebLinkAboutR-04-0062City of Miami
Legislation
Resolution: R-04-0062
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00046 Final Action Date: 2/12/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE THE INTERLOCAL
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE
COUNTY ("COUNTY") FOR THE CITY OF MIAMI'S ("CITY") CONTRIBUTION TO
THE DREDGING OF THE MIAMI RIVER AT A COST TO THE CITY IN AN
AMOUNT NOT TO EXCEED $6,000,000, OVER A FOUR-YEAR PERIOD;
ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED
$1,000,000, FOR THE FIRST YEAR FROM CAPITAL IMPROVEMENTS
PROJECT NO. 311083; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENTS TO THE AGREEMENT WITHOUT THE NECESSITY
TO OBTAIN FURTHER CITY COMMISSION APPROVAL TO ACCOMMODATE
FUNDING CONTRIBUTIONS FROM OTHER PARTIES, ALLOWING FOR
MODIFICATIONS TO "ATTACHMENT A" TO THE AGREEMENT, IF SUCH
MODIFICATION REDUCES CONTRIBUTIONS FROM THE CITY.
WHEREAS, the United States Army Corps of Engineers ("USACE") has authorization to
proceed with and will administer the project to dredge the federal navigational channel of the
Miami River, the "Federal Project," and is the federal sponsor of the project, contributing more than
80% of the project costs; and
WHEREAS, Miami -Dade County ("County") and USACE entered into an agreement under
which the County will serve as the local, or Non -Federal Sponsor of the Federal Project; and
WHEREAS, pursuant to Resolution No. 00-313, adopted April 13, 2000, the City of Miami
("City") agreed to a funding plan for the non-federal portion of the Federal Project costs, to wit, the
City and County each contribute 25% of the non-federal share and the State of Florida contributes
50% of the non-federal share; and
WHEREAS, subsequently, the Florida Inland Navigation District ("District") has pledged to
match both the City's and the County's contributions, excluding those for land; and
WHEREAS, it has been determined that it is in the best interest of the City, the County and the
District that areas outside of the federal navigational channel also be dredged, and identified as
those areas of the river that lay between the federal channel and the river banks referred to as
"Local Waters;" and
WHEREAS, USACE is prohibited from participating financially in activities to dredge the Local
Waters, but has included this work as an option in the contract documents for the Federal Project,
to be exercised at the sole cost and expense of the Non -Federal Sponsor and its funding partners;
and
City of Miami
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File Number: 04-00046 Enactment Number: R-04-0062
WHEREAS, City Administration has negotiated with the County to share the costs for the Local
Waters dredging as follows: the County contributes 50%, the Unincorporated Municipal Service
Area ("UMSA") of the County contributes 12.5% and the City contributes 37.5%; and
WHEREAS, the City and the County agree to seek additional funds from the State of Florida
and other sources, which, if received, will be deducted from the total cost to dredge the Local
Waters, thereby reducing the parties' shares proportionally; and
WHEREAS, the estimated cost of the Federal Project is $54,000,000 and the estimated cost of
the Local Waters dredging is $12,000,000, fora combined total of $66,000,000, and the project is
expected to be under construction over a four-year period; and
WHEREAS, the total cost to the City for both the Federal Project and the dredging of the Local
Waters is anticipated to be $5,850,000 over the four-year period; and
WHEREAS, the attached Interlocal Agreement ("Agreement") details the responsibilities of the
City and the County pertaining to the Federal Project and to the dredging of the Local Waters; and
WHEREAS, the City Manager shall also be authorized to execute amendments to this
Agreement without the necessity of obtaining further City Commission approval to accommodate
funding contributions from other parties, to be depicted as modifications to "Attachment A" to the
Agreement, that result in reducing the contributions from the City;
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 adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute an Agreement, in substantially the
attached form, with the County for the City's contribution to the dredging of the Miami River at a
cost to the City, in an amount not to exceed $6,000,000, over a four-year period, with funds
allocated, in the amount not to exceed $1,000,000, for the first year from Capital Improvements
Project No. 311083.
Section 3. The City Manager is authorized{1} to execute amendments to this Agreement
without the necessity of obtaining further City Commission approval to accommodate funding
contributions from other parties, allowing for modifications to "Attachment A" to the Agreement, if
such modification reduces contributions from the City.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
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File Number: 04-00046 Enactment Number: R-04-0062
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable sections of
the City Charter and Code.
{2} 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.
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