RESOLUTION 92-20658 •
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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
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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
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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)
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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.
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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.
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