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RESOLUTION 92-20658 • • RESOLUTION NO. 92-20658 A RESOLUTION AUTHORIZING THE APPROVAL AND EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE UNITED STATES DEPARTMENT OF AGRICULTURE (U.S.D.A. ) SOIL CONSERVATION SERVICE WHEREAS, on August 24, 1992 , Hurricane Andrew made landfall in Dade County, Florida, and caused significant damage to many areas within the City of Miami Beach; and, WHEREAS, some of the areas of concern, resulting from the damage, include, the loss of use of certain water courses, and the ability to protect water quality; and, WHEREAS, the Administration deems that this work is needed to safeguard lives and property within the City of Miami Beach from imminent danger; and, WHEREAS, Federal assistance is available under provisions of Section 403 , of the Agricultural Credit Act of 1978 , to restore the capacity of water courses and protect water quality; and, WHEREAS, the City Administration requested assistance from the U.S.D.A. Soil Conservation Service and they have agreed to provide it. NOW, THEREFORE BE IT DULY RESOLVED BY THE MIAMI BEACH CITY COMMISSION, THAT: 1. The Administration' s recommendation to accept the attached Cooperative Agreement for the restoration of water courses and protection of water quality with the U. S.D.A. Soil Conservation Service (Exhibit "A" attached hereto) be approved and accepted. 2 . The Mayor and the City Clerk are authorized to execute the attached Cooperative Agreement with the U. S.D.A. Soil Conservation Service (Exhibit "A" attached hereto) . PASSED AND ADOPTED THIS 4th DAY OF November , 1992 . ATTEST: \) I�- MAYOR '1E7J,6.^.04. CITY CLERK 1VS(4 FORM APPROVED LEG }tPT.,,, Date i/4 / ¼0/Y2 • CITY OF MIAMI BEACH er_D CITY HALL 1700 CONVENTION CENTER DRIVE-MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305)673-7010 FAX: (305)673-7782 COMMISSION MEMORANDUM NO. 6,--R—() TO: Mayor Seymour Gelber and DATENovember 4, 1992 Members of the City Commission FROM: Roger M. Cartto City Manager (1 , SUBJECT: APPROVAL OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE UNITED STATES DEPARTMENT OF AGRICULTURE (U.S.D.A. ) SOIL CONSERVATION SERVICE ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission adopt the attached resolution and authorize the Mayor and City Clerk to execute the attached agreement between the City of Miami Beach (the City) and the U.S.D.A. Soil Conservation Service. BACKGROUND: The City Administration has requested Federal assistance from the U.S.D.A. Soil Conservation Service under provisions of Section 403 , of the Agricultural Credit Act of 1978, to restore the capacity of water courses and protect water quality that was affected, within the City of Miami Beach, as a result of Hurricane Andrew. ANALYSIS: In order for the City to continue, and accelerate, its hurricane related clean-up effort of our waterways, the Administration has deemed it necessary to request the assistance of the U.S.D.A. Soil Conservation Service. The City will provide coordination through our Public Works Department by defining easements and providing access to our waterways and canals. This assistance will not require the City to work through the Federal Emergency Management Agency (F.E.M.A. ) and may be achieved without any out-of-pocket expenses to the City. CONCLUSION: Approving the attached agreement between the City of Miami Beach and the U.S.D.A. Soil Conservation Service would help expedite the City's goal of eliminating all hurricane related debris from the our waterways and canals. RMC:JD:rd Attachment 77 AGENDA ITEM DATE l —LI - I� State: FLORIDA 68-4209-3.- 227 UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE COOPERATIVE AGREEMENT THIS AGREEMENT, made this ,25 day of November M2by and between the City of Miami Beach , called the Sponsors; and the Soil Conservation Service, United States • Department of Agriculture, called SCS. WITNESSETH THAT: WHEREAS, under the provisions of the Title IV of the Agricultural Credit Act of 1978 , Public. 95-334 , the Sponsors and SCS agree to a plan which provides for restoration of certain works listed below: NOW THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by the parties hereto set forth, the Sponsors 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 $ B. The Sponsors 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. 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. 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. 5 . 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 sponsors 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 sponsors 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 Sponsors to determine whether all work has been performed in accordance with the contractual requirements. Accept work from 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 or Tribal official shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom; but this provision is 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 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 Sponsors have failed to comply with any of the conditions of this agreement. SCS shall promptly notify the Sponsors 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 Sponsors. 4 . This agreement may be temporarily suspended by SCS if it determines that corrective action by the Sponsors is needed to meet the provisions of this agreement. Further, SCS may suspend this agreement when it 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 (7CGR-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 the 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. By: 1 \, This action is authorized t an official meeting on Title:4k02,-Mayor the 4th day of November, 1992 at Miami Beach, Dade County, Florida Date: 11/5/92 ATTEST: i j City Clerk UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE • BY: `i/t06.2, Title: State Conse ationist Date: /// ? FORM APPROVED LE L DEPT. By Q c Date ?' U.S.Department of Agriculture SCS-ADS-78 Soil C"nservation Service 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 Cleaning of Hurricane Andrew Debris from Miami Beach Waterways Identity of improvement or development Removal of trees, debris, broken timber piles, sunken boats, etc. Location Waterways and Biscayne Bay areas in the City of Miami Beach C. REAL PROPERTY ACQUISITION ASSURANCE — 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. Furtll<ermore,lhis.assurattceissupported.by an attorney's opinion attached hereto that certifies an examination of the real property instruments and files was made and they were found to provide adequate title, right, per- mission and authority for the purpose(s) for which the property was acquired. . If any of the real property rights or interests 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. City of Miami Beach This action authorized e of Sponsor) at an official meeting Mi ami RParh Ci ty By: Commission on 4th Title: City Manager day of November , 19 92 Date November 13, 1992 at City of Miami Beach State of Florida Attest: a .4.4 ..:4‘ Ghd e, 700V10( . 1, NameAta& // c (Title) This action authorized (Name of Sponsor) at an official meeting By: on Title: day of , 19 Date: at State of Attest: (Name) (Title) • OMB APPROVAL O. 0991 - 0002 U . S . DEPARTMENT OF AGRICULTURE CERTIFICATION REGARDING, DRUG-FREE WORKPLACE REQUIREMENTS (GRANTS) ALTERNATIVE I - FOR GRANTEES OTHER THAN INDIVIDUALS This certification is required by the regulations implementing Sections 5151-5160 of the Drug• Free Workplace Act of 1988 (Pub. L. 100-690, Title Y, Subtitle D; 41 U.S..C. 701 et seq.), 7 CFR Pert 3017, Subpart F, Section 3017.600, Purpose. The reaul,etions, were published as Pert 11 of the January 31, 1989 Federal Register (pages 4947.4952). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the grant. ( BEFORE COMPLETING CERTIFICATION , READ INSTRUCTIONS .ON REVERSE ) Alternative i (A) The grantee certifies that it wilt provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about -- (1) The dangers of drug abuse in the workplace; • (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, end employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring �r the workplace; (c) Making it a requirement that, each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will •• (1) Abide by the terms of the statement; and 1 . Form AD-1049 (2.89) (2) Notify the employer of any criminal drug statute Conviction for a violation occurring in the workplace no later than five days after such conviction; (e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2) from en employee or otherwise receiving cetual notice of such conviction; ( f) ?eking one of the following actions, within 30 days of receiving notice under subparagrepn (d)(2), wt-th respect to any employee who is so convicted •- (1) Taking appropriate personnel action against such en employee, up to and Inc:udins tefr"Ination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance c.r rehabilitation progrem approved for such purposes by a Federal, Stet', or laCel r,eate. lee enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace througrt implementation of paragraphs (a), (b), (e), (d), (e) and (f). B. The grantee shell insert in Oa space provided below the sites) for the performance of work done fn connection with the specific grant. Place of Performance (Street sddreas, city, county, State, zip code) Waterways and Biscayne Bay areas abutting Miami Beach, City of Miami Beach, Dade County, Florida 33139, 33140 & 33141. "- `---- Organization Mame PR/Award Number or iroject Mame City of Miami Beach Mame and Title of Authorized Representative "'- Roger -14. Carlton, City Manager Signature »•---•--__._ A 0 Date //4/5f1- INSTRUCTIONS FOR CERTIFICATION 1 - ay signing end submitting this form, the grantee is providing the certification set out cn pages 1 and 2. • 2. The certification set out on Pages 1 and 2 is a material representation of fact upon whet, reliance was placed when the agency determined to award the grant. If it is later determined -!,ac the grantee knowingly rendered a false certification, or otherwise violates the requiremerts of the Drug-Free Workplace Act, the agency, in addition to any other remedies available to the Federal Government, may take action authorized under the Orug•Free Workplace Act 2 ORIGINAL - - - RH:SO UTION NO. 92-20650 _ Authorizing the approval and execution of a cooperative agreement between the City of Miami Beach and the United States Department of Agriculture (U.S.D.A.) Soil Conservation Service. • i 1