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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 Page 1 of 3 File Id: 04-00046 (Version: 1) Printed On: 8/30/2016 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} City of Miami Page 2 of 3 File Id: 04-00046 (Version: 1) Printed On: 8/30/2016 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. City of Miami Page 3 of 3 File Id: 04-00046 (Version: 1) Printed On: 8/30/2016