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
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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.
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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
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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
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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.
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Harvey Ruvin,
Clerk of the Board
Attest:
City Clerk
Attest:
Boarq..o^"" "0"',
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By: t< .tutJ- f ttAcJ,.-.
Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Assistant County Attorney
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METROPOLITAN DADE COUNTY,
FLORIDA, BY ITS BOARD OF
COUNTY COMMISSIONERS
CITY OF MIAMI BEACH, FLORIDA,
a municipal corporation of
the State of Florida
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APPROVED AS TO FORM AND
CORRECTNESS
By: fia'#!fi ttJdL
Clty Attor: e
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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
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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.
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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
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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
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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
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The Chairperson thereupon declared the resolution duly
passed and adopted this 5th day of December, 1995.
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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.
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