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99-23144 RESO RESOLUTION NUMBER 99-23144 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE MIAMI-DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT TO REIMBURSE MIAMI-DADE COUNTY UP TO $250,000 IN ELlGmLE COSTS INCURRED IN THE CONSTRUCTION OF THE CENTRAL MIAMI BEACH EROSION CONTROL BREAKWATER PROJECT, UTILIZING THE SPECIAL GRANT FUNDS AWARDED TO THE CITY FOR THIS PROJECT BY THE STATE OF FLORIDA. WHEREAS, the City and the Miami-Dade County Department of Environmental Resources Management (DERM) have been collaborating on an effort to improve and stabilize oUr beaches; and WHEREAS, an analysis of the Miami Beach shoreline coastal processes was conducted which revealed the presence of several "hot spot" areas along our shoreline which accounted for the majority of the sand that has eroded from the Miami Beach shoreline; and WHEREAS, the worst of these hot spots is confmed within a four block area from 28th Street to 32nd Street and is responsible for the loss of more than $1.5 million annually; and WHEREAS, to address the critical state of erosion that exists in this area, the City obtained a special grant-in-aid appropriation, in the amount of $250,000, from the State of Florida and a commitment from the State and the County to split the project costs in excess of the City's $250,000 grant appropriation; and WHEREAS, the County's coastal engineering consultant has designed a series of three breakwaters to be built along the beachfront between 28th and 32nd Streets, which will redirect wave energies and control the coastal processes to eliminate the cause of the hot spot; and WHEREAS, the total cost of the project"'Yrns been estimated at $700,000; and WHEREAS, the County is in the process of obtaining the final permits and approvals needed for the construction of the project from the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection; and WHEREAS, the County has agreed to complete the project design specifications, conduct a bid, award a contract, manage the construction of the breakwaters, pay its contractor for the construction and invoice the City for reimbursement of up to $250,000 in eligible costs incurred in the construction of the breakwaters, utilizing the special grant funds awarded to the City by the State; and WHEREAS, the City desires to utilize the County's resources and expertise to help ensure that the construction of this important project is completed as expeditiously as possible. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby authorized to execute an Interlocal Agreement with the Miami-Dade County Department of Environmental Resources Management to reimburse Miami-Dade County up to $250,000 in eligible costs incurred in the construction of the Central Miami Beach Erosion Control Breakwater Project, utilizing the special grant funds awarded to the City for this Project, by the State of Florida. Passed and Adopted this 2Bfu day of Avril, 1999. 1Jr MAYOR ATTEST: ~}PtU~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1f.,1J!~ <f/~i1? C orney Dale ll"1 T Ut MIArl1 tstAtH '. CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 lQ COMMISSION. MEMORANDUM NO. ~ Cf 8.'1 L FROM: Mayor Neisen O. Kasdin and Members of the City Commission Sergio Rodriguez V:V City Manager ~ DATE: April 28, 1999 TO: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE MIAMI-DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT TO REIMBURSE MIAMI-DADE COUNTY UP TO $250,000 IN ELIGIBLE COSTS INCURRED IN THE CONSTRUCTION OF THE CENTRAL MIAMI BEACH EROSION CONTROL BREAKWATER PROJECT, UTILIZING THE SPECIAL GRANT FUNDS AWARDED TO THE CITY FOR TIDS PROJECT BY THE STATE OF FLORIDA. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The City and the Miami-Dade County Department of Environmental Resources Management (DERM) have been collaborating on an effort to improve and stabilize our beaches. As part of that effort, a sediment budget analysis for the Miami Beach shoreline was conducted. The study determined where the beaches are eroding, how fast, why and where the sand is going. The study also revealed the presence of several "hot spot" areas along our shoreline which accounted for the majority of the sand that has eroded from the Miami Beach shoreline. The worst of these hot spots is confined within a four block area from 28th Street to 32nd Street. This hot spot has been shown to be responsible for the loss of more than 120,000 cubic yards of sand each year and in turn accelerates the erosion of the beach for as much as a mile to the north. With beach renourishment costs at about $14/cubic yard of sand, this hot spot translates into a loss of more than $1.5 million annually. To address the critical state of erosion that exists in this area, the City obtained a special grant-in-aid appropriation, in the amount of $250,000. from the State of Florida to fund the development of an AGENDA ITEM c..1l- ~-2e-~~ DATE erosion control breakwater. The City also obtained a commitment from the State and Miami-Dade County to share the design and permitting costs associated with the development of the project. The DERM then hired a coastal engineering consultant to study the area and design the breakwater structure. As a result of the engineering consultant's analysis and technical input received from the Florida Department of Environmental Protection, Bureau of Beaches and Coastal Systems (FDEP) and the U.S. Army Corps of Engineers (ACOE) the scope of the breakwater project was expanded from the initial proposed breakwater structure in the 30th Street area, into a series of three breakwaters to be built along the beachfront between 28th and 32nd Streets. It is the consensus of the coastal engineers and regulatory agency representatives that the proposed series of breakwaters will redirect wave energies and control the coastal processes to eliminate the cause of the hot spot. Eliminating this hot spot will widen and stabilize approximately up to one mile of beach. It is believed that these benefits can be gained without significant negative impacts to the down drift beach areas or offshore reefs. As the scope of the project expanded from one to three structures, the estimated construction costs increased from the initial $250,000 to approximately $700,000. To facilitate the construction ofthe expanded breakwater project, the FDEP and the DERM have agreed to split the construction costs in excess of the City's $250,000 grant appropriation. Both the FDEP and the DERM have eannarked up to $325,000 from their respective budgets to fund the balance of the breakwater construction costs. In aggregate, the City, County and State have allocated $900,000 for this project which provides a $200,000 contingency fund in excess of the estimated construction cost of $700,000. The budgeted surplus will be used to offset any construction cost over-runs and to fund the post-construction monitoring of the performance of the breakwater structures. The DERM is in the process of obtaining the final permits and approvals needed for the construction of the project from the ACOE and the FDEP. The DERM has agreed to complete the project design specifications, conduct a bid, award a contract and manage the construction of the breakwater project. The DERM has also agreed to pay its contractor for the construction of the breakwaters and then invoice the City for reimbursement of up to $250,000 in eligible costs incurred in the construction of the breakwaters, utilizing the special grant funds awarded to the City by the 1998 State Legislature. The City desires to utilize the County's resources and expertise to help ensure that the construction of this important project is completed as expeditiously as possible. CONCLUSION The City Commission should adopt the resolution authorizing the Mayor and City Clerk to execute the Interlocal Agreement, allowing for reimbursement to the County of up to $250,000 in eligible costs incurred in the construction of the Central Miami Beach Erosion Control Breakwater Project, utilizing the special grant funds awarded to the City for this project by the State of Florida. ~\ ~. SRlCMC/JO?/MS/bdh . ' ,,/ F:\WORK\SALL\BRUCE\BREAKW A T.COM INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY PROVIDING FOR REIMBURSEMENT TO THE COUNTY USING CITY GRANT FUNDS FOR ELIGIBLE COSTS INCURRED IN THE CONSTRUCTION OF THE CENTRAL MIAMI BEACH EROSION CONTROL BREAKWATER PROJECT. . This Interlocal Agreement ("Agreement") is made and entered into this 12l day of J"U\..'1 , 1999, by and between Miami-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, Miami-Dade County serves as the Local Sponsor for all federal beach renourishrnent activities within Miami-Dade County, and serves to coordinate all erosion control activities associated with maintaining the viability of Miami-Dade's beachfront; and WHEREAS, the COUNTY has conducted various engineering analyses which have identified several localized areas of high beach erosion which compromise the ability to cost-effectively maintain the intended storm protection and recreational benefits of the federal beach nourishment project in those areas; and WHEREAS, the CITY and the COUNTY mutually desire to conduct a pilot project to address this erosion at one of these areas located in central Miami Beach by using breakwater structures; and WHREAS, the COUNTY's consultants have completed a proposed design consisting of three breakwater structures and supplemental sand placement , with an estimated construction cost of approximately $700,000; and WHEREAS, the COUNTY received an appropriation of $325,000 from the 1998 State Legislature for the erosion control breakwater project, which will be matched with $325,000 in available County funds; and WHEREAS, the COUNTY has agreed to coordinate the permitting of the project and administer the bidding and construction of the erosion control breakwater project, and perform the various long-term environmental and beach survey monitoring tasks which will be required; and WHEREAS, the CITY received a special grant appropriation of $250,000 from the 1998 State Legislature for the erosion control breakwater project, and desires to use those funds in the construction of the project; 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 foIlows: SECTION 1. DEFINITIONS For purposes of this Agreement, the foIlowing terms shaIl apply: AGREEMENT shaIl 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 Public Works Department COUNTY shaIl mean Miami-Dade County, by and through its Department of Environmental Resources Management FORCE MAJEURE shall mean an act of God, epidemic, lightening, 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 as had or may reasonably be expected to have a material adverse effect on the rights or obligations under this Agreement _ PROJECT shaIl mean the Central Miami Beach Erosion Control Breakwater Proj ect. SECTION 2. RESPONSffiILITIES OF THE COUNTY. A) The COUNTY shaIl obtain all applicable permits and approvals required to implement the PROJECT, administer the design, permitting, bidding, construction oversight, and long-term environmental monitoring of the PROJECT, and provide aU payments needed to construct the PROJECT. All aspects of the PROJECT administered by the COUNTY shaIl be coordinated with the CITY, including, but not limited to, the final PROJECT design to be submitted for permitting, all pre-bid, pre-construction, and other meetings related to the PROJECT. B) The COUNTY shall develop construction plans, and bid and award a construction contract for the construction of the PROJECT The COUNTY shaIl be responsible for administering all aspects of the construction contract. 2 C) The COUNTY shall pay all charges associated with the construction of the PROJECT to the PROJECT contractor. The County shall submit to the CITY, in triplicate, original invoices for eligible charges related to the construction of the PROJECT. Invoices submitted to the CITY for reimbursement will not exceed $250,000. SECTION 3. RESPONSffilLITIES OF THE CITY A) The CITY shall pay the COUNTY, on a reimbursement basis, for costs incurred in the construction of the PROJECT. Eligible items for reimbursement will be limited to charges incurred from payments to the contractor constructing the PROJECT. Total payments will not exceed the funding available under Special Grant its Grant-In-Aid appropriation from the 1998 State Legislature, through the Florida Department of Environmental Protection, Bureau of Beaches and Coastal Systems. SECTION 4. 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 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 term of this Agreement. SECTION 5. COMPENSATION AND PAYMENTS A) The COUNTY shall provide original invoices to the CITY for all eligible charges incurred by the COUNTY in connection with the PROJECT. The CITY shall reimburse the COUNTY for all approved charges associated with the PROJECT, up to a maximum of $250,000, within thirty (30) days of receipt of the original invoices from the COUNTY, and receipt of the Grant-In-Aid funds from the State. SECTION 6. CONTINGENCY This Agreement is contingent upon the availability of funds 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 6, the COUNTY shall be paid for all charges incurred, and for irrevocable commitments to provide services, consistent with this Agreement, to the date of termination. 3 SECTION 7. RIGHTS OF DECISIONS The COUNTY may, upon obtaining the CITY's consent, delete or modify any or all portions of the activities listed in Section 2 of this Agreement, depending upon the price bid for construction activities, the availability of funds to the COUNTY, or the COUNTY's good faith ability to obtain required permits. The consent of the CITY as provided for in this paragraph shall not be unreasonably withheld. SECTION 8. LIABILITY AND INDEMNIFICATION To the extend permitted and limited by Florida Statutes 768.28, each party agrees to indemnify, defend and save hannless the other, their appointed boards and commissions, officials, officers, employees, individually and collectively from all losses, claims, suite, 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 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 9. AMENDMENT OF AGREEMENT Amendments to this Agreement may be made at any time. Any such amendments must be made in writing and properly executed by both the COUNTY and the CITY. SECTION 10. TERMINATION This Agreement may be terminated without cause, and for the convenience of either party, upon sixty (60) days prior written notice to the other of the intention to terminate. The County Manager or his designee, and the City Manager or his designee, respectively, 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 10, the COUNTY shall be paid for all charges incurred, and for irrevocable commitments to provide services, consistent with this Agreement, to the date of termination. SECTION 11. 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: 4 As to the County: As to the City: Director, Dept. of Environmental Resources Management Penthouse 2 33 SW 2nd Avenue Miami, FL 33130 Director, Public Works Dept. City of Miami Beach 1700 Convention Center Drive Miami Beach, 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 12. COUNTY EVENT OF DEFAULT Notwithstanding the termination provisions in Sections 6 and 10 of the Agreement, and 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 13. CITY In addition to the compensation and payment provisions set forth in Section 5, 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 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. 5 SECTION 14. 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 15. 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 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 16. COUNTERPARTS This Agreement may be executed in one or more counterpart(s), each of which shall be deemed an original. SECTION 17. RIGHT 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 18. 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 19. INV ALWITY 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. 6 SECTION 20. 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 21. SEVERABILITY 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 22. 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. 7 IN WITNESS WHEREOF, Miami-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 City of Miami Beach, Florida has caused this Agreement to be executed in its name by the Mayor 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. Harvey Ruvin, '''''~i.f... Clerk oftheBo~O_ Io$}... 14y QAQI.!' ;",. ./....... 0" . -- l , ~ COUNT'f !Z: ',.:::t, -+_.~ Pl. "\0 ..t. ::r;;;' ~ ~. c:,,~ BY~.' .. Attest: By~<f raA-Jv- Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION 1i(ity~ L/~?:j')r ~ MIAMI- DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS CITY OF MIAMI BEACH, A municipal corporation of the State of Florida 1M By: Mayor PROVED AS TO FORM AND SUFFICIENCY By: City Attorney REVIEWED AS TO INSURANCE REQUIREMENTSS By: Risk Management 8