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96-21915 RESO RESOLUTION NUMBER 96-21915 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH THE DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT FOR BEACHFRONT ACCESS ON THE CITY'S BEACHES TO ALLOW FOR THE REMOVAL OF DERELICT BEACH STRUCTURES, AND APPROPRIATION OF THE REQUIRED FUNDS. WHEREAS, the 1993 Legislature appropriated $424,215 to the City from the Hurricane Andrew Recovery and Rebuilding Trust Fund, administered through Memorandum of Agreement No. 95EO-3M-11-23-02-077 between the City and the Florida Department of Community Affairs (FDCA), for nonfederal expenditures related to various hurricane recovery activities in Miami Beach, including $141,709 for the removal of derelict structures from the City's beachfront; and Whereas, Metropolitan Dade County (County) has a contract with the Florida Department of Environmental Protection to provide funding for beach monitoring and rehabilitation activities, including the removal of derelict structures from beachfront areas throughout the County; and Whereas, the County has expertise in the implementation of beach-related construction projects, has initiated permitting, and has competitively awarded a contract for the removal of derelict structures from beachfront areas throughout the County; and Whereas, the City desires to utilize said expertise, and to optimize the use of it's available funding for derelict structure removal by expending those funds as part of the County's construction contract for those activities; and Whereas, the County shall pay its contractor for all contract costs associated with the removal of derelict beach structures countywide and then provide the City with copies of the paid invoices for the structures removed from within geographic limits of the City, up to the maximum amount of $141 ,709, which the City will then submit to the FDCA for reimbursement; and Whereas, the City shall deliver to the County all funds received from the FDCA as contract cost reimbursements for the removal of derelict beach structures. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the execution of the attached Interlocal Agreement by the City Manager and City Clerk and appropriation of the required funds are retroactively approved. Passed and Adopted this 20th day of March, 1996. RM APPROVED ~y~~ Date ~(~'J { ATTEST: Ro tM.t~ {)(Md~ CITY CLERK CITY OF MIAMI BEACH ~ CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. ~ TO: Mayor Seymour Gelber and Members of the City Commission DATE: March 20,1996 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: A RESOLUTION RETR ACTIVELY APPROVING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH THE DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT FOR BEACHFRONT ACCESS ON THE CITY'S BEACHES TO ALLOW FOR THE REMOVAL OF DERELICT BEACH STRUCTURES. ADMINISTRATION RECOMMENDATION Approve the Resolution. BACKGROUND Following Hurricane Andrew, the 1993 Legislature appropriated $424,215 to the City from the Hurricane Andrew Recovery and Rebuilding Trust Fund, administered through Memorandum of Agreement No. 95EO-3M-11-23-02-077 between the City and the Florida Department of Community Affairs (FDCA), for nonfederal expenditures related to various hurricane recovery activities in Miami Beach, including $141,709 for the removal of derelict structures from the City's beachfront. Metropolitan Dade County (County) has a contract with the Florida Department of Environmental Protection to provide funding for beach monitoring and rehabilitation activities, including the removal of derelict structures from beachfront areas throughout the County. The County also has expertise in beach-related construction projects, has initiated permitting, and has competitively awarded a contract for the removal of derelict structures from beachfront areas throughout the County. The City desires to utilize the County's expertise and existing contract to optimize the use of our available funding for derelict structure removal. The derelict structures to be removed include pilings, groins, sheet piles and other related beach structures. The County has agreed to utilize its Contractor to remove the derelict beach structures within the geographic limits of the City, in the priority order specified by the City, up to the maximum amount of $141,709. The County has also agreed to pay its contractor for the removal of derelict structures and then provide copies of the paid invoices to the City. Agenda Item...cat\ Date 3"'~" The City will then submit to the FDCA for reimbursement and deliver to the County all funds received from the FDCA as contract cost reimbursements for the removal of the derelict beach structures. CONCLUSION The City Commission should hereby retroactively approve the execution of the attached Interlocal Agreement, by the City Manager and City Clerk, and appropriate the required funds, to allow the Dade County Department of Environmental Resources Management beachfront access to the City's Beaches for the removal of derelict beach structures. JGP/pl/bdh F:IGSADISALLIBRUCEICOMM\DERELICT.COM .~ I , ~, '. ..... ..;< - iJ / I ~ <:" .."- 1)-. (,::lr''- --J)-- INTERLOCAL AGREEMENT BETWEEN THE OF MIAMI BEACH AND METROPOLITAN COUNTY FOR SERVICES ASSOCIATED DERELICT STRUCTURE REMOVAL ON COUNTY BEACHES. CITY DADE WITH DADE This Interlocal Agreement ("Agreement") is made and entered into this day of , 1995, by and between Metropolitan Dade County, through its Department of Environmental Resources Management [hereinafter referred to collectively as the "COUNTY"] and the City of Miami Beach, [hereinafter referred to as the "CITY"]; RECITALS WHEREAS, the 1993 Legislature appropriated $424,215 to the CITY from the Hurricane Andrew Recovery and Rebuilding Trust Fund, administered through Memorandum of Agreement No. 95EO-3M-11-23-02-077 between the CITY and the Florida Department of Community Affairs (FDCA), for nonfederal expenditures related to various hurricane recovery activities in Miami Beach, including the removal of derelict structures from the CITY's beachfront; and WHEREAS, the COUNTY has a contract with the Florida Department of Environmental Protection to provide funding for beach monitoring and rehabilitation activities, including the removal of derelict structures from beachfront areas throughout the County; and WHEREAS, the COUNTY has expertise in the permitting and implementation of beach-related construction projects, and has initiated permitting, and the bidding of a contract to facilitate the removal of derelict structures from beachfront areas throughout the County; and WHEREAS, the CITY desires to utilize said expertise, and to optimize the use of it's available funding for derelict structure removal by expending those funds as part of the COUNTY's construction contract for those activities; and WHEREAS, the purpose of this agreement is to set out the responsibilities of both the COUNTY and the CITY. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, and for other good and valuable consideration, the parties hereby agree as follows: SECTION 1. DEFINITIONS For purposes of this Agreement, the following terms ~ shall apply: AGREEMENT shall mean this document, including any written amendments thereto, and other written documents or parts thereof which are expressly incorporated herein by reference. CITY shall mean the City of Miami Beach, by and through its Office of the City Manager, or designee. COUNTY shall mean Metropolitan Dade County, by and through its Department of Environmental Resources Management. FORCE MAJEURE shall mean an act of God, epidemic, lightning, earthquake, fire, explosion, hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on the rights or obligations under this Agreement. SECTION 2. LOCATION OF THE PROJECT The proposed activities shall take place on the beachfront areas within the geographic limits of the CITY. SECTION 3. ACTIVITIES CONTEMPLATED The following activities are included as part of the removal of derelict beachfront structures, hereinafter referred to as the "Project". A) Preparation and submittal by the COUNTY of all required permit applications and approvals required for the removal of derelict beach structures from the CITY shorefront. B) Bidding and award of a construction contract for the removal and disposal of derelict beach structures throughout the county, including those within the geographic limits of the CITY. C) Technical oversight of the Project by the COUNTY. SECTION 4. RESPONSIBILITIES OF THE CITY A) The CITY has entered into a contract with the FDCA for expenditures associated with the various hurricane recovery tasks, with $141,709 preliminarily budgeted for the removal of derelict beach structures within the geographic limits of the CITY. The CITY shall be responsible for administering said contract with FDCA in conjunction with the o Project. B) The CITY shall pay to the COUNTY for all invoices submitted by the COUNTY's contractor for contract costs only associated with the removal of derelict beach structures within the geographic limits of the CITY. C) The CITY shall pay to the COUNTY for contract costs associated with derelict beach structure removal pursuant to this Agreement an amount not to exceed One Hundred Forty One Thousand Seven Hundred Nine ($141,709) Dollars. D) The CITY shall review, provide comments on, and approve the contract plans and specifications developed by the COUNTY for the Project. E) The CITY shall provide in writing to the COUNTY prior to the initiation of construction, a list of derelict structures within the geographic limits of the CITY. The list shall rank the structures in the priority order of removal desired by the CITY. SECTION 5. RESPONSIBILITIES OF THE COUNTY A) The COUNTY shall obtain all applicable permits and approvals required to implement the Project. B) The COUNTY shall develop construction plans and specifications, and bid and award a construction contract for the removal and disposal of derelict beach structures throughout Dade County, including those structures identified by the CITY to be removed pursuant to this Agreement. The COUNTY will be responsible for the management of all aspects of the construction contract. C) The COUNTY shall utilize funds made available by the CITY pursuant to this Agreement for the removal of derelict beach structures within the geographic limits of the CITY, in the priority order specified by the CITY up to the maximum amount provided under this Agreement of $141,709. If the funds provided to the COUNTY by the CITY pursuant to this agreement are inadequate to remove all derelict structures identified by the CITY, the COUNTY may utilize other funds to remove additional derelict beach structures within the geographic limits of the CITY at its discretion. SECTION 6. INITIAL TERM AND EXTENSIONS A) The initial term of this Agreement shall be two (2) years from the date of execution by both parties hereto. Any extension of the term of this Agreement shall be by written amendment to the Agreement. B) This Agreement may be extended upon mutual consent in writing of the parties upon the same terms and conditions for 7 an additional term of one (1) year. 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. SECTION 7. COMPENSATION AND PAYMENTS A) For the contractual services outlined In Section 5, "Responsibilities of the County", the CITY shall pay, and the COUNTY agrees to accept payments not to exceed One Hundred Forty One Thousand Seven Hundred Nine ($141,709) Dollars. Invoices shall be provided in triplicate to the CITY by the COUNTY. Invoices shall be itemized by the location of the derelict structure removed, and the applicable unit costs for removal as specified in the County construction contract. The City shall submit said invoices to the State for reimbursement pursuant to their grant agreement within fifteen (15 days) following receipt of invoices from the County. Payment to the County for approved invoices shall be made within thirty (30) days of receipt of reimbursements to the City for all work conducted by the County pursuant to this agreement. D) The COUNTY may elect to perform further services in connection with the Project if such services are requested by the CITY and if funding becomes available to the CITY to pay for such services. If the CITY deems that additional services in connection with the Project are required to be performed by the COUNTY, and the COUNTY agrees in writing to perform such services, the CITY shall, after providing the COUNTY with written authorization to perform the additional services, pay the COUNTY at a rate equal to the direct costs for the services rendered. Invoicing and payment shall occur within the time frames set forth in Section 7 (A) above. The City Manager or his designee shall have the authority to request such services in writing on behalf of the CITY, and the County Manager or his designee shall have the authority to agree in writing to such additional services in connection with the Project on behalf of the COUNTY. SECTION 8. CONTINGENCY This Agreement is contingent upon the availability of funds and continued authorization for the Project and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds and/or change in regulations. In the event of termination of this Agreement pursuant to this Section 8, the COUNTY shall be paid for services provided, and for irrevocable commitments to provide services, consistent with this Agreement, to the date of termination. SECTION 9. 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 3 of this Agreement, depending upon the price bid for construction and restoration activities, the availability of funds to the CITY, or CITY's good faith ability to obtain required permits. consent of the CITY as provided for in this paragraph not be unreasonably withheld. the The shall SECTION 10. LIABILITY AND INDEMNIFICATION To the extent permitted and limited by the Florida Statues 768.28, each party agrees to indemnify, defend and save harmless the other, their appointed boards and commissions, officials, officers, employees, individually and collectively from all losses, claims, suits, demands, expenses, subrogations, or actions of any kind resulting from all personal injury including bodily injury and death, and property damage occasioned during the term of this Agreement for execution or performance of the terms of this interlocal Agreement. However, the parties do not, and shall not be deemed to have given any indemnification for damages arising out of injury or damage to persons or property caused by or resulting from the negligence of the other party hereto or any of its officers, agents, or employees, if applicable. SECTION 11. AMENDMENT OF AGREEMENT Amendments to this Agreement may be made at any time. Any such amendment must be made in writing and properly executed by both the COUNTY and the CITY. SECTION 12. TERMINATION This Agreement may be terminated by either party upon (60) sixty days prior written notice to the other of the intention to terminate. The County Manager or his designee shall have the authority to execute the termination notice on behalf of the COUNTY. In the event of termination of this Agreement pursuant to this Section 12, the COUNTY shall be paid for services provided, and for irrevocable commitments to provide services, consistent with this Agreement, to the date of termination. SECTION 13. 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: As to the County: As to the City: Director, Dept. of Environmental City Manager City of Miami Beach ~ Resources Management Penthouse 2 33 S.W. 2nd Avenue Miami, FL 33130 1700 Convention Center Dr. Miami Beach, FL 33133 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 14. COUNTY EVENT OF DEFAULT Without limitation, the failure by the COUNTY to substantially fulfill any of its material obligations in accordance with this Agreement, unless justified by Force Majeure, shall constitute a "COUNTY event of default". If a COUNTY event of default should occur, the CITY shall have all of the following rights and remedies which it may exercise singly or in combination: A) the right to declare that this Agreement together with all rights granted to COUNTY hereunder are terminated, effective upon such date as is designated by the CITY; B) any and all rights provided under federal laws and the laws of the State of Florida. SECTION 15. CITY EVENT OF DEFAULT In addition to the compensation and payment provisions set forth in Section 7, and without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless justified by Force Majeure, shall constitute a "CITY Event of Default". If a CITY Event of Default should occur, the COUNTY shall have all of the following rights and remedies which it may exercise singularly or in combination: A) the right to declare that this Agreement together with all rights granted to CITY hereunder are terminated, effective upon such date as is designated by the COUNTY; B) any and all rights provided under federal laws and the laws of the State of Florida. SECTION 16. TIME IS OF THE ESSENCE It is mutually agreed that time is of the essence In the performance of all terms and conditions to be met and performed pursuant to this Agreement. SECTION 17. GOVERNING LAW AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The COUNTY and the CITY agree to submit to service of process and (0 jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Dade County, Florida. SECTION 18. COUNTERPARTS This Agreement may be executed In one or more counterpart(s), each of which shall be deemed an original. SECTION 19. RIGHT OF OTHERS Nothing in this Agreement expressed 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 20. NONDISCRIMINATION Each party agrees that it shall not discriminate as to sex, race, color, creed, national origin, age, handicap, or marital status in connection with its performance under this Agreement. SECTION 21. INVALIDITY OF CLAUSE The invalidity of any portion, article, paragraph, provision or clause of this Agreement, or extension(s) thereof, shall have no effect upon the validity of any other part or portion thereof. SECTION 22. 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 23. SEVERABILTY The invalidity of one or more of the phrases, sentences, clauses, or Sections contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided the material purposes of this Agreement can be determined and effectuated. SECTION 24. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such ( ( right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. IN WITNESS WHEREOF, Metropolitan Dade County, Florida, has caused this Agreement to be executed in its name by the County Manager or his designee, attested by the Clerk of the Board of County Commissioners and has caused the seal of the Board of County Commissioners to be hereto attached; and the City of Miami Beach, Florida has caused this Agreement to be executed in its name by the City Manager or his designee, attested by the Clerk of the City of Miami Beach and has caused the seal of the City to be hereto attached, all on the day and year first written above. I~ Harvey Ruvin, Clerk of the Board Attest: City Clerk Attest: Boarq..o^"" "0"', ./~~'i~ CD 1'/"',;:\ : .;'. -;-; ~ b _, .......~.. ,;,J <) _J " .~~ (::: ,~ ~ !_) c. ~ " ~(' Y"r I.'li.!~ By: t< .tutJ- f ttAcJ,.-. Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney " 'll'lt' J:) METROPOLITAN DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida ~jjJ____ APPROVED AS TO FORM AND CORRECTNESS By: fia'#!fi ttJdL Clty Attor: e :) / 'J '/"''-' -)/'l' ' Agenda Item No. 3(A)(46) 3-3-94 RESOLUTION NO. R-275-94 RESOLUTION APPROVING A CONTRACT BETWEEN THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND METROPOLITAN DADE COUNTY PROVIDING STATE FUNDS FOR BEACH HAZARD REMOVAL AND BEACH SURVEY AND ENVIRONMENTAL MONITORING ASSOCIATED WITH THE DADE COUNTY BEACH RENOURISHMENT PROJECT; AND AUTHORIZING THE COUNTY MANAGER TO EXECUTE SAME FOR AND ON BEHALF OF DADE COUNTY. WHEREAS, this Board desires to accomplish the purposes outlined 1n the accompanying memorandum, a copy of which 1S incorporat-ed herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, that this Board approves _a contract between the Florida Department of Environmental Protection and Metropolitan Dade County providing State funds for beach hazard removal and beach survey and environmental monitoring associated with the Dade County beach renourishment project; and authorizes the County Manager to execute same for and on behalf of Dade County, in substantially the form attached hereto and made part hereof; the original of which is on file with the Clerk of the Board. The foregoing resolution was offered by Commissioner Sherman S. Winn , who moved its adoption. The motion was seconded by Commissioner Arth E T 1 J ur , . ee e, r . to a vote, the vote was as follows: and upon being put I t1 :2, MEMORANDUM Agenda Item No. 3(A) (46) TO: Chairperson and Members ou.nt:~s G. Avino, P.E., P.L.S. Manager DATE: March 3, 1994 FROM : SUBJECT: Approval of DEP Contract for Dade County Beach Renourishment Monitoring and Hazard Removal. RECOMMENDATIONS It is recommended that the Board approve the attached resolution which authorizes the County Manager to execute the attached contract with the Florida Department of Environmental Protection, Division of Beaches and Shores providing $132,000 in State funds for beach hazard removal, and $309,606 for beach survey and environmental monitoring associated with the Dade County Beach Renourishrnent Project. BACKGROUND Metropolitan Dade County is the local sponsor for the thirteen mile long Dade County Shore Protection Project extending from Government Cut through Sunny Isles. The primary functions of the project are to restore the badly eroded portions of Dade's beaches to provide for enhanced tourism and greater recreational use of the beach areas, and greatly improved'storm protection for the adjacent coastal properties. The storm' protection benefits of the project were of particular importance during the passage of Hurricane Andrew in 1992 when, based on Army Corps of Engineers assessments, an estimated $24.6 million in storm damage was prevented due to the restored beach. Dade County's local sponsorship obligations include requesting and securing non-federal project funding, obtaining all applicable permits, easements and approvals, and coordinating the proj ect at the local level. In addition, the County is required to perform all long-term project monitoring activities required by State and local permit conditions. These typically include periodic beach surveys to document project performance, various types of environmental monitoring during and after construction of the project, and the production of annual project reports. Because State cost sharing is available subject to legislative appropriation for beach nourishment construction, monitoring, and management, through the Department of Environmental Protection, Dade County submits annual funding requests to the DEP for these activities. The 1993 State legislature made three appropriations for Dade County beach management activities. The first was a $3.0 million appropriation earmarked to fulfill the State share of construction costs for a planned maintenance renourishrnent proj ect in Sunny Isles and Miami Beach in the spring of 1994. These funds were encumbered under DEP 10 / DEP Contract No. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF BEACHES AND SHORES FLORIDA BEACH EROSION CONTROL ASSISTANCE PROGRAM Project Agreement THIS AGREEMENT is entered into this ____day of , 1994, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and Dade County (hereinafter referred to as the "LOCAL SPONSOR") for the PROJECT described herein. In consideration of the mutual benefits to be derived . herefrom, the DEPARTMENT and LOCAL SPONSOR do hereby agree as follows: 1. The LOCAL SPONSOR agrees to implement the erosion control project known as Dade County Beach Rehabilitation Monitoring Project, (hereinafter referred to as the PROJECT), as defined herein, and to complete said PROJECT upon the terms and conditions set forth in this Agreement and in accordance with the Scope of \york, ~hich is attached hereto as Exhibit "A". 2. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are as follows: Eligible Project Items Hydrographic Mo~itoring Hardbottom Monitoring Sand Compaction Monitoring Derelict Structure Removal Sand Fence Replacement Total Project Cost Estimated Project Local Share State Share $ 73,252 $ 219,756 20,500 61,500 9,450 28,350 36,500 109,500 7,500 22,500 $ 147,202 $ 441,606 Costs Total $ 293,008 82,000 37,800 146,000 30,000 $ 588,808 NOTE: The above costs for eligible project items are not line- item costs. Funds not needed for one eligible project item may be used for another eligible project item whenever the listed estimated cost is insufficient. The DEPARTMENT and the LOCAL SPONSOR further agree that any and all activities associated with the PROJECT that are not shown in the above eligible item listing or in the Scope of Work are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The DEPARTMENT's financial obligation shall not exceed the sum of $441,606 for this PROJECT or 75% of the eligible project cost, whichever is less. The LOCAL SPONSOR shall be responsible for all other costs. Page 1 of 5 Iv? I'--' 8. The LOCAL SPONSOR will not discriminate against anyone with regard to race, creed, color, sex, national origin, age, disability, or location of user's residence during or after construction of the PROJECT. The LOCAL SPONSOR will comply with all federal, state, and local laws, ordinances, rules, and regulations regarding discrimination. 9. The LOCAL SPONSOR hereby insures that it has in force and shall maintain in force throughout the PROJECT period insurance coverage, which most nearly reflects the operation of the LOCAL SPONSOR, which is necessary for the PROJECT, and which is appropriate and allowable pursuant to Florida Statutes. 10. The LOCAL SPONSOR shall save and hold harmless and indemnify the State of Florida against any and all liability, claims, judgements or cost of whatsoever kind and nature for injury to, or death of any person or persons and for loss or damage to any property resulting from the-use, service, operation or performance of work under the terms of this Agreement, resulting from the negligent acts of the LOCAL SPONSOR, his subcontractor, or any of the employees, agents, or representatives of the LOCAL SPONSOR or subcontractor, to the extent allowed by law. 11. . ThiS-Agreement may be canceled by either party, with or without reason, by giving 30 days written notice to the other party. Said notice shall be sufficient if delivered personally or by certified mail to the address contained herein. In case of cancellation, only amounts accrued to the date of cancellation shall be due and payable. 12. The LOCAL SPONSOR will permit the DEPARTMENT's staff to examine all PROJECT records and grant them rights to audit any PROJECT books, documents, and papers during the PROJECT and following completion of the PROJECT. The LOCAL SPONSOR shall maintain the records, books, document, and papers for at least three (3) years following completion of the PROJECT. 13. This Agreement may be canceled by the DEPARTMENT without prior notice for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LOCAL SPONSOR in conjunction with this Agreement. 14. Phil Flood, Environmental Specialist, or his successor is hereby designated the DEPARTMENT's Contract Manager for the purpose of this Agreement and shall be responsible for enforcing performance of the Agreement terms and conditions and shall serve as a liaison with the LOCAL SPONSOR. ~~ Page 3 of 5 7 22. This Agreement represents the entire Agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing and signed by each of the parties hereto, and attached to the original of this Agreement. 23. This Agreement shall be executed in duplicate, each copy of which shall for all purposes be considered an original. IN WITNESS WHEREOF, the parties have caused these present to be duly executed, the day and year first above written. LOCAL SPONSOR DEPARTMENT By: By: Secretary or designee APPROVED AS TO FORM AND LEGALITY: DEP Attorney Contract Administrator Contract Manager Page 5 of 5 " .~" ~ I monitoring activities and detailing the results will be developed. 2. Sand Compaction Monitoring. Sand compaction monitoring activities will include 546 cone penetrometer samples taken monthly, both within and outside of the rehabilitation project areas. In addition, 125 corresponding samples for grain size analysis will be conducted at one, six, and twelve month intervals. Costs will include all field sampling, laboratory analyses and report writing. A final report describing the monitoring activities and detailing the results will be developed. C. Derelict Structure Removal. Exposed derelict groin structures will be removed prior to construction of the project. Derelict structures located between Rl and R74 will be consi~ered eligible for reimbursement. Cost will include the removal and disposal of the derelict structures. D. Sand Fence Replacement. Damaged posts and sand fencing associated with the dune vegetation project on Miami Beach will be removed and replaced. Damaged fencing located landward of the dune will be replaced using sand/snow fencing. Damaged fencing located seaward of the dune will be replaced using post and rope or similar style fencing. Sand fence replacement located between R1 and R74 will De considered eligible for reimbursement. Costs will include all labor, material, and disposal fees associated with the activity. Page 2 of 2 \11 fi -- Agenda Item No. 3(A)(5) 12-5-95 RESOLUTION NO. R-1625-95 RESOLUTION AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT WITH THE CITY OF MIAMI BEACH FOR BEACH HAZARD REMOVAL; AND AUTHORIZING THE COUNTY MANAGER TO EXERCISE THE RENEWAL AND CANCELLATION PROVISIONS CONTAINED THEREIN WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, that this Board approves the attached interlocal agreement between Dade County and the City of Miami Beach for beach hazard removal, in substantially the form attached hereto and made a part hereof; and authorizes the County Manager to execute same for and on behalf of Dade County, and to exerClse the renewal and cancellation prOVlSlons contained therein. The foregoing resolution was offered by Commissioner Na tacha S. Hillan , who moved its adoption. The motion was seconded by CommissionerHiquel Diaz de la Portilla and upon being put to a vote, the vote was as follows: Alexander Penelas aye James Burke absent Betty T. Ferguson aye Bruce Kaplan aye Natacha S. Millan aye Katy Sorenson aye Arthur E. DENNIS C. MOSS Miguel Diaz de la Portilla Maurice A. Ferre Gwen Margolis Pedro Reboredo Javier D. Souto Teele, Jr. absent absent aye absent aye absent aye ) Agenda Item No. 3(A)(5) Page No. 2 / o' i:; The Chairperson thereupon declared the resolution duly passed and adopted this 5th day of December, 1995. .- DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK Approved by County Attorney a~"--By,f(}\1(S~I.I\f~ to form and legal sufficienCYI' l\) Deputy Clerk ~ ) M E M 0 RAN DUM Agenda Item No. 3 (A) ( 5 . "" TO: son and Members y Commissioners DATE: December 5, 1995 FROM: P.E. SUBJECT: Resolution Authorizing the Execution of an Interlocal Agreement with the City of Miami Beach for Beach Hazard Removal RECOMMENDATION It is recommended that the Board approve the attached resolution authorizing the execution of an interlocal agreement between Dade County and the City of Miami Beach providing up to $141,709 to Dade County for beach hazard removal along the shoreline of Miami Beach. BACKGROUND Since the early 1970's, Dade County has served as the local sponsor for all federal shore protection activities undertaken in the County, and in that role, has participated in the restoration of over 15 miles of eroded beachfront in Miami Beach, Surfside, Bal Harbour, Sunny Isles, and Key Biscayne. Efforts to control beach erosion in these areas prior to restoration consisted largely of the installation of numerous groins, or other structures intended to trap and hold available sand on the beaches. These structures, which were constructed of concrete or wood pilings and sheet pile or wood barriers, had limited effectiveness in preventing erosion, thus requiring the subsequent restoration of these areas. Because of the great number of structures which existed at the time beach restoration was to commence, and because the projects would extend the shoreline well beyond the seaward extent of the structures, virtually all of them were left in place and buried during the beach restoration projects. Chronic erosion, combined with the effects of hurricane Andrew in 1992 and tropical storm Gordon in 1994 have resulted in several portions of the beach eroding to the point where these derelict structures have been exposed. While the affected areas are relatively small, these structures can constitute a significant safety hazard to bathers and other beach users where they exist due to the exposed sheet pile, rebar and concrete. The passage of Hurricane Andrew in 1992 exacerbated the condition of existing derelict beach structures, and exposed new ones. The 1993 state legislature appropriated $132,000 from the Hurricane Andrew Recovery and Rebuilding Trust Fund (HARRTF) for beach hazard removal, with $44,000 in matching funds provided from the DERM Litigation Trust Fund. These funds were encumbered via Resolution R-275-94 which was approved by the Board on March 3, 1994. A contract for beach hazard removal throughout the county is currently being bid and work is expected to begin this winter. An additional $141,709 was also appropriated to the City of Miami Beach following Hurricane Andrew for the removal of derelict beach structures within the limits of the city as part of a larger HARRTF grant. Because of the pending county contract for hazard removal, and to optimize the use of available funds, the City of Miami Beach requested that the County administer the removal of beach hazards within the city. The attached interlocal agreement would provide the county with city grant funds in an amount of up to $141,709 to remove derelict beach hazards within Miami Beach. ~