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HomeMy WebLinkAbout2001-24269 RESO RESOLUTION No. 2001-24269 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 MIAMI-DADE COUNTY, THROUGH ITS DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM), TO PROVIDE FOR THE REIMBURSEMENT OF ELIGIBLE PROJECTS COSTS OF UP TO $25,000, FROM SPECIAL PROJECTS ACCOUNT NO. 1996915000343, TO SERVE AS MATCHING FUNDS, TOGETHER WITH $35,000 FROM DERM, FOR A $42,500 GRANT FROM THE FLORIDA INLET NAVIGATION DISTRICT, FOR THE STABILIZATION AND RE-LANDSCAPING OF FLAGLER MEMORIAL ISLAND, AS AUTHORIZED BY RESOLUTION NO. 2000-23956. WHEREAS, Flagler Memorial Island is approximately 4 acres in size and is located in Biscayne Bay, between Belle Isle to the North and Star Island to the South; and WHEREAS, the island is best known, and named for, the fifty (50) foot high, concrete obelisk memorial built in honor of area pioneer, Henry Flagler; and WHEREAS, the island is man-made from loosely consolidated sand and silt dredged from the adjacent bay and is susceptible to erosion from boat wakes, tidal currents and storm waves; and WHEREAS, over the years, approximately 20% of the island's surface area has been lost to erosion; and WHEREAS, plans have been developed for the installation of mangrove plantings along the island's perimeter, removal of exotic nuisance species and planting of native plants in order to stabilize the island's shorelines and limit future erosional loses; and WHEREAS, the cost for implementation of the island stabilization plans has been estimated to be $102,500; and WHEREAS, in order to move the project forward, the Miami-Dade County Department of Environmental Resources Management (DERM) prepared an application to be submitted to the Florida Inland Navigation District's (FIND) Waterway Enhancement Grant Program; and WHEREAS, the DERM also pledged $35,000 in matching funds, and requested the City to contribute an additional $25,000 in matching funds for the project; and WHEREAS, on June 7, 2000, the Mayor and City Commission adopted Resolution No. 2000-23956, which authorized the appropriation of $25,000 from Special Projects Account No. 1996915000343, to serve as matching funds with the $35,000 from the DERM, for the FIND grant for the stabilization and re-landscaping of the Flagler Memorial Island; and WHEREAS, a FIND grant, in the amount of $42,500, was awarded to the DERM in November, 2000; and WHEREAS, the DERM is now ready to proceed with the stabilization and landscaping of the island. 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 herein authorized to execute the attached Interlocal Agreement with Miami-Dade County, to provide for the reimbursement of eligible projects costs of up to $25,000, from Special Projects Account No. 1996915000343, to serve as matching funds, together with the $35,000 from DERM, for a $42,500 Grant from the Florida Inlet Navigation District, for the stabilization and re-landscaping of Flagler Memorial Island. Passed and Adopted this 2il1 day of February, 2001. ~111 MAYOR ATTEST: 'tht f~ CITY CLERK APPROVED AS TO FORM &. LANGUAGE &.FOR EXECUTION /Wt_t 2--7 --.7 ( Date CITY OF MIAMI BEACH m CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. 9'cl-O/ Mayor Neisen O. Kasdin and Members of the City Commission DATE: February 21, 2001 Jorge M. Gonzalez \ ~ City Manager () ~ lJ 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 MIAMI-DADE COUNTY, THROUGH ITS DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM), TO PROVIDE FOR THE REIMBURSEMENT OF ELIGIBLE PROJECTS COSTS OF UP TO $25,000 FROM SPECIAL PROJECTS ACCOUNT NO. 1996915000343, TO SERVE AS MATCHING FUNDS, TOGETHER WITH $35,000 FROM DERM, FOR A $42,500 GRANT FROM THE FLORIDA INLET NAVIGATION DISTRICT, FOR THE STABILIZATION AND RE-LANDSCAPING OF FLAGLER MEMORIAL ISLAND, AS AUTHORIZED BY RESOLUTION NO. 2000-23956. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Flagler Memorial Island is approximately 4 acres in size and is located in Biscayne Bay, between Belle Isle to the North and Star Island to the South. The island is best known, and named for, the fifty (50) foot high, concrete obelisk memorial built in honor of area pioneer, Henry Flagler. The island is man-made from spoil material dredged from the adjacent bay and as such, is comprised predominantly of sand and silt. These materials are loosely consolidated and are susceptible to erosion from boat wakes, tidal currents and storm waves. Over the years, approximately 20% of the island's surface area has been lost to erosion. In order to stabilize the island's shorelines and limit future erosional loses, the Miami-Dade County Department of Environmental Resources Management (DERM) and the City's Environmental Resources Management Division have developed plans for the installation of mangrove plantings along the island's perimeter, removal of exotic nuisance species and planting of native trees, shrubs and ground cover species. AGENDA ITEM e 7 tJ DATE~ The cost to complete the proposed restoration of the island was estimated to be $102,500. In order to move the project forward, DERM prepared an application to be submitted to the Florida Inland Navigation District's (FIND) Waterway Enhancement Grant Program for the stabilization and re-landscaping of Flagler Memorial Island and pledged to contribute $35,000 in matching funds. DERM also requested the City to contribute $25,000 in matching funds for the project. On June 7, 2000, the Mayor and City Commission adopted Resolution No. 2000-23956, which authorized the appropriation of $25,000 from Special Projects Account No. 1996915000343, to serve as matching funds, in conjunction with the $35,000 from DERM, for the FIND grant, if awarded. A FIND grant, in the amount of $42,500, was awarded to DERM in November, 2000. DERM is now ready to proceed with the project. DERM will develop the construction plans, bid and award a construction contract, oversee the construction, and provide all payments needed to the contractors. All aspects of the project administered by the DERM will be coordinated with the City. Upon completion of the project, DERM will submit to the City for reimbursement, original invoices for eligible charges related to the construction of the project totaling, not more than $25,000. In order to allow this worthwhile project to proceed, the City Commission should approve the execution of the attached Interlocal Agreement, to provide for the reimbursement of eligible projects costs of up to $25,000 from Special Projects Account No. 1996915000343, to serve as matching funds, in conjunction with the $35,000 from DERM, for the $42,500 Grant from the Florida Inlet Navigation District. The total funding will be utilized for the stabilization and re-landscaping of Fla~Memorial Island. JMG~/PDWlbdh ~ ~ F:\WORKS\SALL\BRUCE\CQMM\CONSENT,COM INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI BEACH, FLORIDA PROVIDING FOR REIMBURSEMENT TO THE COUNTY OF ELIGIBLE COSTS INCURRED IN THE CONSTRUCTION OF THE FLAGLER MEMORIAL ISLAND ENHANCEMENT (PHASE II) PROJECT. This Interlocal Agreement ("Agreement") is made and entered into this day of ~ ~ ,22Jlh by and between Miami-Dade County ,-th:rc,ugh itsDeva.I ttnentofEn~iml1l1leIltaI-ResourceS"Ma.I1"l;;"11lent[hereinafter referred to collectively as the "COUNTY"], and the City of Miami Beach, Florida [hereinafter referred to as the "CITY"]; RECITALS WHEREAS, Miami-Dade County is coordinating a broad effort to restore and enhance Biscayne Bay. Through Miami-Dade County's Biscayne Bay Restoration and Enhancement Program, a number of projects have been undertaken to improve public access to the underutilized spoil island resources, improve public understanding of the Bay, and to improve native habitats; and WHEREAS, the Florida Inland Navigation District (F .I.N.D.) has assisted the County in past years to complete enhancement projects at 12 islands in Biscayne Bay. These previous efforts, feature environmentally sound shoreline stabilization through the use of mangroves and the planting of native vegetation on the upland. This is the Second Phase of enhancement at Flagler Memorial Island. This Phase II will consist of stabilizing a new portion of the island with mangroves and replacing groundcover and upland plants which were lost resulting from a dry season fire; and WHEREAS, the CITY and the COUNTY mutually desire to conduct enhancement activities at Flagler Memorial Island; and WHEREAS, the COUNTY has received a grant from F.I.N.D. for $42,500, and will provide a 50% match in available County funds; and WHEREAS, the COUNTY has agreed to administer the bidding and construction of the enhancement activities; and WHEREAS, the CITY has pledged $25,000 in matching funds to be used in the construction of the Proj ect as defined herein; and WHEREAS, the total estimated cost of the Project is $102,500; 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, Florida. COUNTY shall 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 shall mean the Flagler Memorial Island Enhancement (Phase II ). SECTION 2. RESPONSIBILITIES OF THE COUNTY. The COUNTY shall administer the project, bidding, and construction oversight of the PROJECT, and provide all payments needed to construct the PROJECT. All aspects of the PROJECT administered by the COUNTY shall be coordinated with the CITY. The COUNTY shall develop construction plans, and bid and award a construction contract for the .. . cconstruction of the PROJECT. The COUNTY shall be responsible for administering all aspects of the " , construction contract. 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 $25,000. SECTION 3. RESPONSIBILITIES OF THE CITY The CITY shall pay the COUNTY, on a reimbursement basis, for costs incurred in the construction of the PROJECT, up to the amount of $25,000. Eligible items for reimbursement will be limited to charges incurred from payments to the contractor constructing the PROJECT. SECTION 4. INITIAL TERM AND EXTENSIONS 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 ofthis Agreement shall be by written amendment to the Agreement. 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 (I )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 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 $25,000, within thirty (30) days of receipt of the original invoices from the COUNTY. 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. SECTION 7. RIGHTS OF DECISIONS The COUNTY may, upon obtaining the CITY's prior written 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 harmless 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 ofthe COUNTY and the CITY, respectively. 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 oftermination. 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: As to the County: As to the City: John Renfrow, P.E., Director Department of Environmental Resources Management Miami-Dade County 33 SW 2nd Avenue, Penthouse 2 Miami, FL 33130 Bruce D. Henderson, Director Environmental Resources Management Division City of Miami Beach 1700 Convention Center Drive, 4th Floor 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 DEF AUL T 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; and B) any and all rights provided under Federal laws and the laws of the State of Florida. SECTION 13. CITY EVENT OF DEFAULT 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; and B) any and all rights provided under Federal laws and the laws of the State of Florida. 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 ,. . j .~ -. 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, marital status, or sexual orientation in connection with its performance under this Agreement. SECTION 19. !NY ALIDITY 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 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. IN WITNESS WHEREOF, the parties hereto have caused the proper officiers to affix their signatures and seals on the date first set forth above. CITY OF MIAMI BEACH ATTEST: bJ!~ ~<f fcu~ CITY CLERK MAYOR ATTEST: .f~ SteVe Sbiwr r" County~ -11 MA-'f:QR COUNTY MA 1-7--() 1 r