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RESOLUTION 89-19742 RESOLUTION NO. 89-19742 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND THE CITY OF MIAMI BEACH FOR SHORELINE ENHANCEMENT AND OTHER IMPROVEMENTS IN ISLAND VIEW PARK AND AN ARTIFICIAL REEF IN NORTH BISCAYNE BAY ADJACENT TO ISLAND VIEW PARK. WHEREAS, Metropolitan Dade County (the "County") established the Biscayne Bay Restoration and Enhancement Program; and WHEREAS, the County has proposed a bay shoreline enhancement project including the placement of riprap, mangrove planters, perimeter boardwalks and an artificial reef in North Biscayne Bay; and WHEREAS, Island View Park in the City of Miami Beach (the "City") requires shoreline enhancement and has been selected, and WHEREAS, the purpose of the attached Agreement (the "Agreement") is to set forth the responsibilities of both the County and the City with respect to the Island View Park project; and WHEREAS, the City Manager recommends approval of the attached Agreement and the City Attorney has approved it as to form. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Clerk execute an Agreement between Metropolitan Dade County and the City of Miami Beach for shoreline enhancement and other improvements in Island View Park and an Artificial Reef in North Biscayne Bay adjacent to Island View Park. PASSED and ADOPTED this 4th day of October , 1989 . /.--_-7 oef, --- ,7--V-A1P- f ///, Vice-Mayor ATTEST: /tA ,fae.:2.1 ; -)2 CITY CLERK FORM APPROVED 080789 LEGAL DEPT. B“...E:L.71.16.ZZAE.------ Date -9//Yi,7 5(p 110) AGREEMENT THIS AGREEMENT, made and entered into this /9 day of 1989 , by and between Metropolitan Dade County, y, a political subdivision of the State of Florida (hereinafter the "COUNTY" ) , and the City of Miami Beach, a municipal corporation of the State of Florida (hereinafter the "CITY" ) . WITNESSETH: WHEREAS, the COUNTY established the Biscayne Bay Restoration and Enhancement Program, and WHEREAS, the COUNTY has proposed a bay shoreline enhancement project including the placement of riprap, mangrovelanters P , perimeter boardwalks and an artificial reef in North Biscayne Bay, y• and WHEREAS, Island View Park in the City of Miami Beach requires shoreline enhancement and has been selected, and WHEREAS, the purpose of this agreement (the ) "A reement" is "Agreement" ) to set forth the responsibilities of both the COUNTY and the CITY with respect to the Island View Park project. 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 I - LOCATION OF PROJECT The location of the initial restoration site is known as Island View Park within the City of Miami Beach on the east shoreline of North Biscayne Bay, at PurdyAvenue and Venetian Causeway. The site is more particularly described as indicated on Attachment A of this Agreement (legal descriptionprovided P by the CITY) . SECTION II - RESTORATION ACTIVITIES CONTEMPLATED The following shoreline restoration activities are contemplated by the CITY and the COUNTY at Island • View Park. 1 . Clean up of existing shoreline through the removal of trash and litter. 2 . Installation of natural material riprap, associated filter fabric, and bedding material along the shoreline. 3 . Construction of an artificial reef. 4 . Construction of two mangrove planters with perimeter boardwalks . SECTION III - RESPONSIBILITIES OF THE CITY A. The CITY shall review and comment on conceptual drawings , construction plans and specifications of all phases of the project. B. The CITY will obtain any required CITY permits at no cost to either the COUNTY or the CONTRACTOR. SECTION IV - RESPONSIBILITIES OF THE COUNTY A. The COUNTY shall prepare and obtain all COUNTY, STATE and FEDERAL permits and approvals required for the project. B . ( 1 ) The COUNTY may implement informal bid procedures and award one or more contract( s ) for the construction and restoration activities contemplated . The COUNTY may elect to perform any portions of the restoration activities without the use of contractors . ( 2 ) The COUNTY shall prepare any construction plan and specifications necessary for use in the contractor bid process . The specifications utilized by the COUNTY shall require any contractor( s ) to whom the project may ultimately be awarded to include the CITY as an additional named insured on any applicable policy of public liability insurance maintained by the contractor( s ) . SECTION V - TERMS AND EXTENSIONS A. The term of this Agreement shall be two ( 2 ) years from the date of execution by both parties hereto, beginning g g on /'X /FAyy and ending on 12/ 0/ 7/ B . This Agreement may be extended for up to five ( 5 ) additional terms of one ( 1 ) year each. The party wishing to extend this Agreement shall notify the otherart of such • p Y proposed extension no later than thirty ( 30 ) prior s to the expiration of the initial or any extended term of this Agreement . g • Any extension of the term of this Agreement shall be by amendment to the Agreement. SECTION VI - COMPENSATION AND PAYMENTS A. Amount of Funding 1 . Upon authorization of the Board of County Commissioners , the COUNTY shall commit a total of up to $200 ,000 for this project from environmental mitigation payments . Of this amount, not more than $35 ,000 may be used by the COUNTY for professional and technical services and fees associated with design, permit applications , preparation of plans and supervision of construc- tion. Therefore, up to $165 ,000 shall be supplied by the COUNTY for construction and restoration activities . 2. The COUNTY may elect to perform construction and restoration in phases as funding becomes available. 3 . Should the funding anticipated at the time of execution be discontinued , this contract will be terminated or amended as appropriate. B. Payment The COUNTY shall be responsible for payment to any contractor (s ) to whom (a) bid award(s ) is/are made for construction, installation or implementation of the restoration activities contemplated. SECTION VII - 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 II of this Agreement depending upon the price bid for construction and restoration activities , the availability of funds or the ability to receive the required permits . The consent of the CITY as provided for in this paragraph shall not be unreasonably withheld . SECTION VIII -- AMENDMENT OF AGREEMENT Amendments to this Agreement may be made at any time. Any amendment must be in writing and properly executed by both the COUNTY and the CITY. • SECTION IX - TERMINATION This Agreement may be terminated by either party upon sixty days prior written notice to the other of the intention to terminate. SECTION X - 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 follow: As to the COUNTY: Director, Department of Environmental Resources Management Suite 1310 111 N.W. 1st Street Miami , Florida 33128 As to the CITY: City Manager City Hall 1700 Convention Center Drive Miami, FL 33139 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 XI - COUNTERPARTS This Agreement may be executed in one or more counterpart(s) , each of which shall be deemed an original . SECTION XII - GOVERNING LAW AND VENUE This Agreement shall be construed and enforced according to the laws, statutes and case law of the State of Florida. Any litigation hereunder shall be brought in the application state or federal court in Dade County, Florida. SECTION XIII- RIGHTS OF OTHERS Nothing in this Agreement express 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 XIV - 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 of portion thereof. SECTION XV - 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 affect the meaning or interpretation of any provisions herein. SECTION XVI - ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and contains all of the terms and conditions thereof, all prior agreements and understandings whether oral or written having been merged herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials as of the date first above written. DADE COUNT F e , : ' CITY OF MIAMI BEACH . sV $14 _ ,,,,t,: _____ i i ,/ B y; �!' I'2 , - lam,` Assistant County Manager Vice - Mayor Attested : Attested : ssrswssss f `. / "IV ..... A D A 1/17/,0.% By: A / , o/ i '7 > p\,,,;.°,‹. , By: 0#uty Clerk s v r. /'., . ; Clerk ... oieico., .gii • � fry;-,4. •• FORM APPROVED LEGAL DEPT. 6y ??,ea7,6- ---- Date 9/2 / 1 ATTACHMENT A Legal Description: Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9, Block 15, Island View Subdivision, according to the Plat thereof, recorded in Plat Book 6, page 115, of the Public Records of Dade County, Florida; and A parcel of sovereignty land in Biscayne Bay abutting Section 33, Township 53 South, Range 42 East, Dade County, Florida, more particularly described in that certain Deed No. 25150 (2329-13) dated October 9, 1970, between the State of Florida Board of Trustees of the Internal Improvement Trust Fund and H. P. Forrest, as Trustee, under that certain Land Trust Agreement dated April 30, 1966, said Deed being recorded in Official Records Book 7001, page 228, of the Public Records of Dade County, Florida. RESOLUTION NO. 89-19742 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND THE CITY OF MIAMI BEACH FOR SHORELINE ENHANCEMENT AND OTHER IMPROVEMENTS IN ISLAND VIEW PARK AND AN ARTIFICIAL REEF IN NORTH BISCAYNE BAY ADJACENT TO ISLAND VIEW PARK. WHEREAS, Metropolitan Dade County (the "County") established the Biscayne Bay Restoration and Enhancement Program; and WHEREAS, the County has proposed a bay shoreline enhancement project including the placement of riprap, mangrove planters, perimeter boardwalks and an artificial reef in North Biscayne Bay; Y and WHEREAS, Island View Park in the City of Miami Beach (the "City") requires shoreline enhancement and has been selected, and WHEREAS, the purpose of the attached Agreement (the "Agreement") is to set forth the responsibilities of both the County and the City with respect to the Island View Park project; and WHEREAS, the City Manager recommends approval of the attached Agreement and the City Attorney has approved it as to form. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Clerk execute an Agreement between Metropolitan Dade County and the City of Miami Beach for shoreline enhancement and other improvements in Island View Park and an Artificial Reef in North Biscayne Bay adjacent to Island View Park. PASSED and ADOPTED this 4th day of Octobe , 1989. 4e/ - N Vice-Ma}for ATTEST: //944 2742 ;-1)41 CITY CLERK FORM APPROVED 080789 LEGAL DEPT. By 1 ::?0 .4( 77.45t.t> Date 9//v//1- ea, Miami eead �PM� BFgc,, FLORIDA 3 3 1 3 9 :INCOR$ORATED)*) "VACA TIUNL.4ND U. S. A. ,1 s OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. .2211 October 4 , 1989 DATE: TO: Mayor Alex Dao • • • Members of . e City Commis- on FROM: Rob W. Parkin If 4 City Manager ISLAND VIEW PARK PHASE III SUBJECT: SHORELINE ENHANCEMENT PROGRAM - INTERLOCAL CONSTRUCTION AGREEMENT BETWEEN DADE COUNTY AND THE CITY OF MIAMI BEACH Metropolitan Dade County, Department of Environmental Resources Management (DERM) , contacted City Administration to discuss the implementation of a Shoreline Enhancement Project in Island View Park. Funds for this construction work will be made available from Metropolitan Dade County, from the Biscayne Bay Trust Fund, to restore and enhance Biscayne Bay. Dade County has proposed to use $200, 000 of these funds for a Shoreline Enhancement Project, which will include the removal of trash, litter, and debris along the existing shoreline. Additionally, the County will install a natural material rip-rap, associated filter fabric, and bedding material along the shoreline. To finish off the project, the construction of two (2) mangrove planters, with perimeter boardwalks, will be installed. As part of the enhancement program, the County will construct an artificial reef west of the shoreline, with the appropriate channel markers identifying the reef location. In the agreement, the City of Miami Beach shall have the right to review and comment on all conceptual drawings, construction plans and specifications relating to all phases of the project. The City will have the responsibility of obtaining any required City permits, at no cost to either the County or the County's contractor. The County will prepare and obtain all County permits and approvals required for the project. The County will also prepare all construction plans and specifications necessary for the use in the bidding process. Additionally, the County will handle the bidding and awarding of the contracts for the construction work. The term of this agreement between the City and the County will be for two (2) years from the date of execution, with both parties having the right to extend the agreement for up to five (5) additional terms of one (1) year each. ADMINISTRATION RECOMMENDATION: The City Administration recommends the City Commission adopt the attached Resolution authorizing the Mayor and the City Clerk to execute the agreement between . the City of Miami Beach and Metropolitan Dade County for the construction of the shoreline enhancement at Island View Park. 3 RWP:DC:blb Attachment AGENDA � 4/....B ITEM DATE /6 r 1.;;Mt}t ,i�� tyt ^ t ,. :',4.:,'!:•..`.• .,.•, • .t. ..•,i.,.!.).... t••:..'iY Ywi/i X1,1 .r�lr. •� ri: • �� �j+''' S �_ '�•. .. �L. i . � ..•u r�. ...,�•a ^Cr�,'.i•%111[*�.:. � a. 'f -•� � i • • N 1 MEMORANDUM Agenda Item No. 5 (e) (1 6) TO: Honorable Mayor and Members DATE: December 19 , 1989 Board of County Commissioners SUBJECT: Resolution Authorizin g t?4cf1 Execution ment With TheCity of FROM: J G. Avino, P.E. , P.L.S. Miami Beach For 'unt - Manager Mitigation Activities Along Island View Park RECOMMENDATION It is recommended that the Board of County Commissioners approve the attached agreement between The City of Miami Beach and Dade County . This agreement defines the responsibilities of both County and the City of Miami Beach. BACKGROUND In 1979 , environmental permitting agencies approved the filling of 251 acres of shallow water habitat in Biscayne Bay for expansion of the Dodge Island Seaport facility with several conditions , including implementation of a comprehensive mitigation plan. This plan, which was required to offset impacts to shallow water marine environments in Biscayne Bay, was composed of both short and long term mitigation elements . As part of the required long term mitigation plan, the Dade County Seaport Department will implement a shoreline enhancement project including the placement of riprap and mangroveplanters , and 9 an artificial reef at Island View Park . The proposed activities will reduce erosion of the shoreline, enhance the marine habitat of Biscayne Bay and provide additional public access . This project will be funded on a matching basis by the Florida Department of Natural Resources (DNR) and the Dade County Seaport Department pursuant to DNR Contract No. C-5478 , which was approved by (Resolution No. R-160-89 ) . The total estimated cost of this mitigation project is $200 ,000 . The attached agreement will permit the mitigation project to be constructed on City property and defines the responsibilities of both the County and the City of Miami Beach. Attachment l'i - - ,.,',4 i - -NA.A, * ; ...,.. L 107.07.17* PONiNT1 OMITRO0A0114SA MAT MGI a ,;�.'{ r j. i ,1: �4'�11.e• �!{ �•:' t) '4/.�:11;,�e�.f a �N'� �7��1�i�•� `� •�t,��. { * ,: r{.a•..�•+::'Ii: . Y. ' •!;� • 6 i1 f 1 � �'r �1 •�: ' ;1'�'• ;r.'• °Rtl!.'k. Agenda Item No. 5 (e) (16) 12-19-89 RESOLUTION NO. R-1524-89 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE CITY OF MIAMI BEACH FOR MITIGATION ACTIVITIES ALONG ISLAND VIEW PARK; AND AUTHORIZING COUNTY MANAGER TO EXERCISE CANCELLATION PROVISION 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 Agreement between the City of Miami Beach and Ddde County for mitigation activities along the shoreline of Island View Park, in substantially the form attached hereto and made a part hereof; authorizes the County Manager to execute same for and on behalf of Dade County; and to exercise the cancellation provision contained therein. The foregoing Resolution was offered by Commissioner Barbara M. Carey , who moved its adoption. The motion was seconded by Commissioner Larry Hawkins and upon being put to a vote, the vote was as follows : Barbara M. Carey aye Charles Dusseau aye Joseph M. Gersten aye Larry Hawkins aye Harvey Ruvin absent Barry D. Schreiber aye Jorge E. Valdes absent Sherman S . Winn aye Stephen P . Clark absent The Mayor thereupon declared the Resolution duly passed and adopted this 19th day of December, 1989. s000.o �o oe! COMAI,/"es DADE COUNTY, FLORIDA fk".-‘ ; BY ITS BOARD OF f0Ccr COUNTY COMMISSIONERS :0• ,\ ' JI �,, _. ii RICHARD P. BRINK E k , RAYMOND By : Deputy Clerk Approved by County Attorney r- ♦-n c,,- l r r . __ / STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) I, RICHARD P. BRINKER, Clerk of the Circuit Court in and for Dade County, Florida, and Ex-Officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution No. R-1524-89 , adopted by the said Board of County Commis- sioners at its meeting held on December 19 , 1989 IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this 20 day of December A. D. 19 89 RICHARD P. BRINKER, Ex-Officio Clerk Board of County Commissioners Dade County, Florida ' B Y Deputy Clerk s•'d�dd�do��•• �� A14,, %/I SEAL ' 6-r-ozA� n 9 ••••i.aill•••K' . Board of County Commissioners Dade County, Florida 102.01-3 REV. 11/72 • • , ' 'f:r L4• to�.tr�is • • • ���:j••••••••9••�:t:lt7.: � ,Y. .�•��. V 0K_(4_f__'AL RESOLUTION NO. 89-19742 Authorizing the Mayor and City Clerk to execute an agreement between Metropolitan Dade County and the City of Miami Beach fox shoreline enhancement and other improve- ments in Island View Park and an artiticial_ reef in North Biscayne Bay adjacent to Island View Park.