HomeMy WebLinkAbout23480AGREEMENT INFORMATION
AGREEMENT NUMBER
23480
NAME/TYPE OF AGREEMENT
UNITED STATES DEPARTMENT OF AGRICULTURE
DESCRIPTION
COOPERATIVE AGREEMENT/SOIL CONSERVATION
SERVICE/
EFFECTIVE DATE
March 11, 1993
ATTESTED BY
WALTER FOEMAN
ATTESTED DATE
DATE RECEIVED FROM ISSUING
DEPT.
NOTE
a 31k4D
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
COOPERATIVE AGREEMENT
THIS AGREEMENT made this llth day of March , 1993,
by and between the City of Miami, called the Sponsor; and the
Soil Conservation Service, United States Department of
Agriculture, called SCS.
WITNESSESTH THAT:
WHEREAS, under the provisions of the Title IV of the
Agricultural Credit Act of 1978, Public Law 95-334, the Sponsor
and SCS agree to a plan which provides for restoration of certain
works listed below:
Removal of all storm -generated debris of whatever
nature from canals; ditches; waterways; adjacent
rights -of -way; the Miami and Little Rivers and their
tributaries; the shoreline and inlets of Biscayne Bay;
and, other sites as may be identified by the City or
Dade County. See Exhibit "A" for list of City -owned
properties, project sites, and/or non -City property
which have granted the right of entry.
NOW, THEREFORE, in consideration of the premises and of the
several promises to be faithfully performed by the parties hereto
set forth, the Sponsor and SCS do hereby agree as follows:
A. It is agreed that the above -described work is to be
constructed at an estimated cost of $200,000.00.
B. The Sponsor will:
1. Accept all financial and other responsibility for
excess costs resulting from their failure to obtain or
their delay in obtaining adequate land and water
rights, permits, and licenses needed for the work of
improvement described in this agreement. * SCS will
only perform work in City -owned property or properties
whose owners and/or renters have signed the attached
"Right of Entry Agreement" (Exhibit "B").
2. Review and approve the plan for the work described
herein.
3. Provide certification (sign SCS-ADS-78) that real
property rights have been obtained for installation of
planned measures, including the attorney's opinion on
the land rights. * SCS will only perform work in City -
owned property or properties whose owners and/or
renters have signed the attached "Right of Entry
Agreement" (Exhibit "B").
COOPERATIVE AGREEMENT
PAGE 1 OF 4
5.
4. Upon acceptance of the work by SCS from the contractor,
assume responsibility for operation and maintenance for
a period of one year from completion of project.
If applicable, complete the attached "Clean Air and
Water Certification" and comply with the attached
"Clean Air and Water Clause".
6. Complete the attached Drug Free Certification and
comply with its contents.
7. Upon completion of emergency protection measures and
the elimination. of the threat, the Sponsor will take
action, if needed, to bring the measures up to
reasonable standards by other means and/or authority.
Unless the measures are brought up to reasonable
standards, the Sponsor will not be eligible for future
findings under the emergency watershed protection
program.
C. SCS will:
1. Provide 100 percent of the cost of constructing the
works of improvement described herein.
2. Contract for the construction of the works of
improvement in accordance with Federal Acquisition
Regulations.
3. Provide authorized technical services, including but
not limited to obtaining basic information; preparation
of contracts, drawings, and designs; .contract
administration; and quality assurance during
installation.
4. Arrange for and conduct final inspection of the
completed works of improvement with the Sponsor to
determine whether all work has been performed in
accordance with the contractual requirements. Accept
work for contractor; notify the Sponsors of acceptance;
and turn over the accepted works to the Sponsors.
D. It is mutually agreed that:
1. No member of or delegate to Congress or Resident
Commissioner of Tribal official shall be admitted to
any share or part of this agreement, or to any benefit
that may arise therefrom; but this provision shall not
be construed to extend to this agreement if made with a
corporation for its general benefit.
2. The furnishing of financial and other assistance by SCS
is contingent on the availability of funds appropriated
COOPERATIVE AGREEMENT
PAGE 2 OF 4
by Congress from which payment may be made and shall
not obligate SCS upon failure of the Congress to
appropriate funds.
3. SCS may terminate this agreement in whole or in part
when it is determined by SCS that the Sponsor have
failed to comply with any of the conditions of this
agreement. SCS shall promptly notify the Sponsor in
writing of the determination and reasons for the
termination, together with the effective date.
Payments or recoveries made by SCS under this
termination shall be in accord with the legal rights
and liabilities of SCS and the Sponsor.
4. This agreement may be temporarily suspended by SCS if
it determines that corrective action by the Sponsor is
needed to meet the provisions of this agreement.
Further, SCS may suspend this agreement when it is
evident that a termination is pending.
5. The program or activities conducted under this
agreement will be in compliance with the
nondiscrimination provisions contained in the Titles VI
and VII of the Civil rights Act of 1964, as amended;
the Civil Rights Restoration Act of 1987 (Public Law
100-259); and other nondiscrimination statutes:
namely, Section 504 of the Rehabilitation Act of 1973,
Title IX of, the Education Amendments of 1972, and the
Age Discrimination Act of 1975. They will also be in
accordance with the regulations of the Secretary of
Agriculture (7CFR-15, Subparts A & B), which provide
that no person in the United States shall on the
grounds of race, color, national origin, age, sex,
religion, marital status, or handicap be excluded from
participation in, be denied benefits of, or be
otherwise subjected to discrimination under any program
or activity receiving federal financial assistance from
the Department of Agriculture or any agency thereof.
CITY OF MIAMI, a municipality of
the State o 'T Florida
By:
Cesar H. Odio
Title:
Date:
City Manager
f
COOPERATIVE AGREEMENT
PAGE 3 OF 4
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
By:
e.,
Title: State Conservationist
Date:
ATTEST
t Hirai City > Cl rk
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
. Qu4 !n J
City Atto
CLL:ra: i .1
Matty ,
COOPERATIVE AGREEMENT
'PAGE 4 OF 4
Department of Agriculture
Soil C^nscrvation Service
SCS-ADS-78
5-88
ASSURANCES RELATING TO
REAL PROPERTY ACQUISITION
A. PURPOSE — This form is to be used by sponsor(s) to provide the assurances to the Soil Conservation Service
of the U.S. Department of Agriculture which is required in connection with the installation of project measures
which involve Federal financial assistance furnished by the Soil Conservation Service.
B. PROJECT MEASURES COVERED —
Name of project
Identity of improvement or development Removal of all storm -generated debris.
Location City of Miami, Florida. All canals; ditches; waterways;
adjacent rights -of -way; the Miami and Little Rivers and their
tributaries; the shoreline and inlets of Biscayne Boulevard, and other
C. REAL PROPERTY ACQUISITION ASSURANCE * sites identified by the City 'or
Dade County.
This assurance is applicable if real property interests were acquired for the installation of project measures,
and/or if persons, businesses, or farm operations were displaced as a result of such installation; and this
assurance was not previously provided for in the watershed, project measure, or other type of plan.
If this assurance was not previously provided, the undersigned sponsor(s) hereby assures they have complied,
to the extent practicable under State law, with the requirements of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act (42 U.S.C. 4601-4655), as implemented in 7 C.F.R. Part 21. Any exceptions
taken from the real property acquisition requirements under the authority of 42 U.S.C. 4655 because of State
law have been or is hereby furnished to the Soil Conservation Service along with the opinion of the Chief Legal
Officer of the State containing a full discussion of the facts and law furnished.
D. ASSURANCE OF ADEQUACY OF REAL PROPERTY RIGHTS
The undersigned sponsor(s) hereby assures that adequate real property rights and interests, water rights if
applicable, permits and licenses required by Federal, State, and local law, ordinance or regulation, and related
actions have been taken to obtain the legal right to install, operate, maintain, and inspect the above -described
project measures, except for structures or improvements that are to be removed, relocated, modified, or
salvaged before and/or during the installation process.
This assurance is given with the knowledge that sponsor(s) are responsible for any excess costs or other conse-
quences in the event the real property rights are found to be inadequate during the installation process.
Furthermore, this assurance is supported by an attorney's opinion attached hereto that certifies an examination
of the real property instruments and -files was made and they wete found to provide adequate title, right, per-
mission and authority for the purpose(s) for which the property was acquired.
* SCS will only perform work in City -owned property or properties whose
owners and/or renters have signed the "Right of Entry Agreement".
.(Exhibit "B")
If any of the real property rights or interest were obtained by
condemnation (eminent domain) proceedings, sponsor(s) further
assure and agree to prosecute the proceedings to a final
conclusion and pay such damages as awarded by the court.
By:
Title: City Manager
Date:
ATTEST:
Matty
City Clerk
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
QIi. if Uarnt
A. QUINN JONES, III
City Attorney
February 19, 1993
Soil Conservation Service
United States Department
of Agriculture
401 S.E. First Avenue, Room 248
Gainsville, Florida 32601
(305): 579-6700
Telecopier: (305) 579-3399
To Whom It May Concern:
This is to certify that the storm generated debris to be
removed by the Soil Conservation Service from the waterway's of
the City of Miami ("City"), Florida, will only be removed from
City -owned property or properties whose owners and/or renters
have signed the "Right of Entry Agreement" (Exhibit "B" of the
Cooperative Agreement).
Sincerely,
A. Q inn
City At
CLL:AQJ:ra:P153
/ 4%
nes, III
ney
• OFFICE OF THE CITY ATTORNEY/Dupont Plaza Center, Suite 300/300 Biscayne Boulevard Way/Miami, Florida 33131
Exhibit A
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
COOPERATIVE AGREEMENT
The right of entry for removal of storm -generated debris has been
granted for the following City -owned properties, subject to on -
site inspection and approval of specific locations at the time of
construction by a Project Coordinator designated by the City
Manager:
All City -owned street rights -of -way
All City -owned park lands
All City -owned property which is not encumbered by a lease to a
non -City entity
Exhibit "A"
REQUEST FOR DEBRIS REMOVAL
AND
RIGHT OF ENTRY AGREEMENT
I/We
owner(s) of the property commonly identified as:
Folio No(s).:
Street (attach legal description City/Town
if available)
Dade County, State of Florida, hereby request that all storm -
generated debris of whatever nature be removed from canals,
ditches, waterways, and adjacent rights of way.
Right of access and entry to said property is hereby granted to the
United State Government, the State of Florida, local governmental
entities, their contractors and subcontractors thereof, for the
purpose of accomplishing the above request. The undersigned agree
and warrant to hold harmless those entities, their contractors and
subcontractors, for damage of any type, whatsoever, either to the
above described property or persons situated thereon and hereby
releases, discharges and waives any action, either legal or
equitable which might arise out of any activities on the above
described property.
This right of Access and Entry must be signed by the owner of the
property, and, in the event the property is rental property, the
renter should sign for the personal property on site.
I am fully aware that an individual who fraudulently or willfully
misstates any fact in connection with this agreement shall be
subject to a fine of not more than $10,000 or imprisoned for not
more than one year or both. For the considerations and purposes
set forth herein, I hereby set my hand this day of ,
1992.
Renter (personal property) (Property Owner)
Telephone No. Telephone No.
Address Address
Witness Date
EXHIBIT "B"
Clean Air and Water Certification
(Applicable if this agreement exceeds $100,000,or a facility
to be used has been the subject of a conviction under the
Clean Air Act (42 U.S.C. 185c-8(c)(1) or the Federal Water
Pollution Control Act (33 U.S.C..1319(c)) and is listed by
EPA, or is not otherwise. exempt.)
The project sponsoring organization(s) signatory to
this agreement certifies as follows:
(a) Any
this proposed
Environmental
Facilities.
facility to be utilized in the performance of
agreement is , is not X , listed on the
Protection Agency List of V olating
(b) To promptly notify the State Administrative
Officer prior to the signing of this agreement by SCS, of
the receipt of any communication from the Director, Office
of Federal Activities, U.S. Environmental Protection Agency,
indicating that any facility which he proposes to use for
the performance of the agreement is under consideration to
be listed on the EAvironmental Protection Agency List of
Violating Facilities.
(c) To include substantially this certification,
including this subparagraph (c), in every nonexempt
subagreement.
Clean Air and Water clause
(Applicable only if the agreement exceeds (100,000, or a
facility to be used has been the subject of a conviction
under the Clean Air Act (42 U.S.C. 1857c-8(c)(1) or the
Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and
is listed by EPA or the agreement is not otherwise exempt.)
A. The project sponsoring organization(s) signatory to
this agreement agrees as follows:
(1) To comply with all the requirements of section 114 of
the Clean Air Act, as amended (42 U.S.C. 1857, et seq., as
amended by Public Law 91-604) and section 308 of the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq., as
amended by Public Law 92-500), respectively, relating to
inspection, monitoring, entry, reports, and information, as
well as other requirements specified in section 114 and
section 308 of the Air Act and the Water Act, respectively,.
and all regulations and guidelines issued thereunder before
the signing of this agreement by SCS.
(2) That no portion of the work required by this agreement
will be performed in a facility listed on the Environmental
Protection Agency List of Violating Facilities on the date
when this agreement was signed by SCS unless and until the
EPA eliminates the name of such facility or facilities from
such listing.
(3) To use their best efforts to comply with "" d1ean air
standards and clean water standards at the facilities in
which the agreement is being preformed."
(4) To insert the substance_ of the provisions of this
clause in any nonexempt subagreement, including this.
subparagraph A(4).
B. The terms used in this clause have the following
meanings:
(1) The term "Air Act" means the Clean Air Act, as a
amended (42 U.S.C. 1857.et seq., as amended by Public
Law 91-604).
(2) The term "Water Act" means Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq., as
amended by Public Law 92-500).
(3) The term "Clean Air Standards" means any
enforceable rules, regulations, guidelines, standards,
limitations, orders, controls, prohibitions, or other
requirements which are contained in, issued under, or
otherwise adopted pursuant to the Air Act or Executive
Order 11738', an applicable implementation plan as
described in section 110(d) of the Clean Air Act (41
U.S.C. 1857c-5(d)), an approved implementation
procedure or plan under section 111(c) or section
111(d), or an approved implementation procedure under
section 112(d) of the Air Act (42 U.S.C. 1857-c7(d)).
(4) The term "clean water standards" means any
enforceable limitation, control, condition,
prohibition, standard, or other requirement which is
promulgated pursuant to the Water Act or contained in a
permit issued to a discharger by the Environmental
Protection Agency or by a State under an approved
program, as authorized by section 4012 of the Water Act
(33. U.S.C. 4342), or by a local government to ensure
compliance with pretreatment regulations as required by
section 307 of the Water Act (33 U.S.C. 1317),
(5) The term "compliance" means compliance with clean
air or water standards. Compliance shall also mean
compliance with a schedule or plan ordered or approved
by a court of competent jurisdiction, the Environmental
Protection Agency or an air or water pollution control
agency in accordance with the Air Act or Water Act and
regulations issued pursuant thereto.
(6)
The term "facility" means any building, plant,
installation, structure' mine, vessel or other floating
craft, location of site of operations owned, leased or
supervised by sponsor, to be utilized in the
performance of an agreement or subagreement. Where a
location or site of operations contains or includes
more 'than one building, plant,installation, or
structure, the entire location shall be deemed to be a
facility except where the Director, Office of Federal
Activities, Environmental Protection Acencv. determines
that independent facilities are • colocated. in one
geographical area.
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
T0: Alice Hildalgo-Gato
City Manager's Office
Carmen L. ±,eo
FROM:
Assistant City Attorney
DATE :
February 19, 1992 FHA-93-028
SUBJECT : USDA Soil Conservation
Program 1
REFERENCES:
ENCLOSURES:
Enclosed please find the following documents which have been
executed by the City Attorney where applicable:
1. Request for Assistance Letter;
2. Cooperative Agreement;
3. Assurances Relating to Real Property Acquisition;
4. Right of Entry Agreement (Exhibit "B");
5. Clean Air and Water Certification; and
6. City Attorney's Certification.
Exhibit "A" of the Cooperative Agreement is a list of City -
owned properties, project sites, and/or non -City property which
have granted the right-of-way and is to be provided by Public
Works and/or Parks.
CLL:ra:P152
enclosures
if c 14:0th
CESAR H. ODIO
CITY MANAGER
February 22, 1993
Mr. T. Niles Glasgow
State Conservationist
Soil Conservation Service
401 S.E. First Avenue, Room 248
Gainesville, FL 32601
P. O. BOX 330708
MIAMI, FLORIDA 33233-0708
305-250-5400
FAX 305-285-1835
Re: Request for Assistance - Hurricane Andrew Cleanup
Dear Mr. Glasgow:
The City of Miami requests Federal assistance under provisions of
Section 403, Agricultural Credit Act of 1078, to restore the
capacity of water courses and protect water quality in the City
of Miami impaired by Hurricane Andrew on August 24, 1992.
This work is needed to safeguard lives and property from imminent
hazards.
We understand, as sponsors of an emergency watershed protection
project, our responsibilities will include acquiring right of
entry and permits needed to construct, and if required, to
operate and maintain the proposed measures.
The contact person for the City of Miami will be:
James Kay, Deputy Director
City of Miami
Department of Public Works
275 N.W. 2nd Street
Miami, FL 33128
(305) 579-6865
Thank you for your attention.
Sincerely,
Cesar H. 0dio
City Manager
', United States Soil
1 Department of Conservation
J Agriculture Service
r
TO ALL CONCERNED:
State Office, Room 248
401 S. E. First Avenue
Gainesville, FL 32601
March 10, 1993
L_f///73
This is to advise you that the: oil Conservation Service will
be suspending solicitations for contracts -on April 2, 1993.
Therefore, you are.requestedto provide all necessary
information (Agreements, Landrights, Rights of Entry, Permits,
etc.), to the Soil Conservation Service's temporary office
located at the following address:
i.'
USDA, Soil Conservation Service
c/o Singapore Hotel
9601 Collins Avenuel;1
Bal Harbour/Miami Beach, FL 33154-2201
This information should be forwarded to our office by April 2,
1993. Included in this request are projects that you may have
already referred to SCS but are lacking entry permits,
landrights or other permits.
The Soil Conservation Service is pleased to have been able to
assist in this clean-up effortas a result of Hurricane
Andrew.
4,)&„
T. Niles Glasgow
State Conservationist
l
The Soil Conservation Service
Is an agency of the
Department of Agriculture
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United States Soil
.Department of Conservation
Agriculture Service
Mr. Cesar H. Odio, City Manager
City of Miami
P.O. Box 330708
Miami, FL 33233-0708
Dear Mr. Odio:
Enclosed is the executed copy of the cooperative agreeme
that provides for the removal of Hurricane Andrew generated
debris from the Miami and Little Rivers and adjacent areas.
State Office, Room 248
401 S. E. First Avenue
Gainesville, FL 32601
1
March 11, 1993
Someone from the Soil Conservation Service will be contacting
Mr. James Kay of the Public Works Department for assistance in
the preparation of the plans and specifications for the work.
If there are any questions, please contact our project office
at (305) 868-6724.
Sincerely,
Richard A. Standish
Contracting Officer
Enclosure
CC
The Soil Conservation Service
is an agency of the
Department of Agriculture