HomeMy Public PortalAbout2011-09 Approving an interlocal agreement with Miami-Dade County for Calusa Mangrove Trail CMTRESOLUTION NO. 2011-9
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A
INTERLOCAL JOINT USE AGREEMENT WITH MIAMI-
DADE COUNTY FOR CALUSA MANGROVE TRAIL
("CMT") ; PROVIDING FOR PAYMENT OF NOT TO
EXCEED $300,000.00 TO THE COUNTY FOR THE COUNTY
TO CONSTRUCT NECESSARY IMPROVEMENTS TO THE
CMT; PROVIDING FOR VILLAGE MAINTENANCE OF THE
CMT AND NEW IMPROVEMENTS; PROVIDING FOR
VILLAGE SECURITY OF THE CMT; PROVIDING FOR
RECORDING OF THE EXECUTED AGREEMENT BY THE
VILLAGE CLERK; PROVIDING AN EFFECTIVE DATE.
WHEREAS, since the creation of the Village, the Village and its residents have utilized that
portion of Crandon Park known as the Calusa Mangrove Trail which is located within the corporate
boundaries of the Village, but which is part of the County owned Crandon Park; and
WHEREAS, over time the facilities within the CMT have deteriorated and are in need of
substantial renovation and/or changes is their use; and
WHEREAS, any use of the CMT must comply with the Crandon Park Master Plan, as it may
be amended, that identifies the CMT area as requiring: 1) the renovation of the existing recreation
center into an open -but -roofed shelter; 2) renovation and upgrading the restrooms to current
Americans with Disabilities Act of 1990 (42 U.S.C.§§ 12101, et seq.), as amended from time to
time, compliance; and 3) renovation and conversion of the four existing non -lighted tennis courts
to un-lighted, multipurpose sport courts pursuant to plans that have been submitted by the Village
to the County, in accordance with the Crandon Park Master Plan, as amended (the "CMT
Improvements"); and
WHEREAS, the County has agreed to build the CMT Improvements at a Village cost of not
to exceed $300,000; and
WHEREAS, both the Village and the County wish to memorialize their respective
obligations regarding the construction, operation, maintenance and use of the CMT and the CMT
Improvements; and
WHEREAS, both the Village and County are authorized by law to enter into binding
interlocal agreements to effectuate joint governmental functions; and
WHEREAS, the Village has budgeted sufficient funds for the costs of the CMT
Improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That the Interlocal Joint Use Agreement for Calusa Mangrove Trail is hereby
approved, in substantially the form attached hereto, and the Mayor is authorized to execute the
Agreement on behalf of the Village.
Section 2. That the Village Manager is further authorized to execute all documents necessary
to implement the Agreement on behalf of the Village.
Section 3. That the Village Manager and Village Attorney are authorized to take any and all
actions necessary to implement the Agreement.
Section 4. That upon execution by the Village and the County, the Clerk is hereby directed
to cause the agreement to be recorded in the public records of Miami -Dade County, as required by
Florida law.
Section 4. Effective Date. This Resolution shall be effective immediately upon adoption.
2
PASSED AND ADOPTED this 24th day of May , 2
MA " FRANKLIN H. I APLAN
CONCHITA H. ALVAREZ, MMC, VILLAGE CLE
APPROVED AS TO FORM AND LEGAL SUFFICI
3
OFFICIAL FILE COPY
CLERIC OF THE BOARD
OF COUNTY COMMISSIONERS
MIA I DADE COUNTY, FLORIDA
ti a • ft
i to •.F(1
MEMORANDUM Agenda Item No. 8(M) (1) (A)
TO: Honorable Chairman Joe A. Martinez DATE: September 1, 2011
and Members, Board of County Commissioners
FROM: R. A. Cuevas, Jr.
County Attorney
SUBJECT: Resolution approving interlocal
agreement between Village of Key
Biscayne and Miami -Dade County for
the use, improvement and
maintenance of Calusa Mangrove
Trail area of Crandon Park, including
Village payment of up to $300,000; •
and authorizing County Mayor to
execute the agreement on behalf of
the County and to exercise any and
all rights contained therein
Resolution No. R-671-11
The accompanying resolution was prepared by the Parks and Recreation Department and placed
on the agenda at the request of Prime Sponsor Commissioner Xavier L. Suarez.
R. . Cu + .s, Jr.
County A rney
RAC/cp
Memorandum mcolut n
��u��rr
Date: September 1, 2011
To:
Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
From: Aline T. Hudak
County Manager
w �
Subject: Calusa Mangrove TraiF f Crandon Park
Interiocal Joint Use Agreement
Recommendation
It is recommended that the Board adopt the attached resolution approving an interlocal Joint Use
Agreement between Miami -Dade County and the Village of Key Biscayne (VKB) for the use,
improvement and maintenance of certain County .lands within Crandon Park (Calusa Mangrove Trail
area), including a payment of up to $300,000 from the VKB to fund the County's improvement of the
Park, and authorizing the County Mayor or County Mayor's designee to execute such Agreement on
behalf of Miami -Dade County and to exercise any and all other rights conferred therein.
Scope
Calusa Mangrove Trail consists of approximately nine (9) acres within Crandon Park, a 904 -acre
countywide metropolitan park, which Is located at 4000. Crandon Boulevard within County Commission
District 7. The Trail area lies within the jurisdictional boundaries of VKB. Approval of the Interlocal
Agreement will authorize the long-term use and programming of the Calusa Mangrove Trail area by the
VKB for the benefit of all County residents.
Fiscal impact/Fundinn Source
The VKB agrees to assume ail costs associated with use and maintenance of the Calusa Mangrove Trail
area within Crandon Park and to contribute up to $300,000 for improvements therein. The VKB will also
provide all staff, programming, security and insurance required for park operations. This Agreement will
reduce the County capital costs associated with the Crandon Park Master Plan by up to $300,000 and
will reduce future County operating and maintenance budgets since the VKB will assume all operating
and maintenance costs.
Track Record/Monitor
Randy Koper, Property Management Section of the Park and Recreation Department (MDPR), will
monitor compliance of the Agreement.
Backorognd
As part of its incorporation, the County approved an interiocal Agreement (R-970-92) allowing the VKB to
use and provide park and recreation services within the Calusa Mangrove Trail area of Crandon Park
(Exhibit A). For almost twenty (20) years, the VKB has used, staffed and maintained that portion of the
Park largely for the benefit of VKB residents, but without the benefit of a long-term agreement.
The Crandon Park Master Plan required that the Calusa Park Playhouse, play equipment and tennis
courts be razed or removed and the recreation center be modified to South Florida vernacular style and
retain only restrooms, storage, closet and open -roofed shelter. In the Settlement Agreement between
Bruce Matheson and Miami -Dade County dated January 14, 1993, the County agreed to make specific
improvements to the Calusa Mangrove Trail required by the Crandon Park Master Plan by May 2012. In
2
Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
Page 2
addition, the Crandon Park Master Plan Amendment Committee in 2007 agreed to a request by the VKB
to delay the removal of lighted ballfields within Crandon Park, as required by the Crandon Park Master
Plan, if the VKB paid the estimated $250-$300,000 cost to make required park improvements to the
Calusa Mangrove Trail (Exhibit B). The proposed Interlocal Joint -Use Agreement would memorialize the
VKB's contribution towards the required improvement in the Calusa Mangrove Trail area of Crandon
Park, as well as set a date for such payment, and would allow the VKB to formally and jointly use Calusa
Mangrove Trail while assuming the long-term maintenance of the area.
The Interlocal Joint Use Agreement (Exhibit C): .
1. Legally establishes how the VKB can jointly use, Improve and maintain County land for the
benefit of all County residents.
2. Establishes the term of the Agreement as ten (10) years with three (3) ten-year options to
renew.
3. Defines when and how much the VKB will reimburse the County to complete certain
improvements required for the area by the Crandon Park Master Plan, as amended.
4. Provides that the VKB will assume security, operations, maintenance and service
responsibilities for Calusa Mangrove Trail.
5. Institutes VKB insurance and indemnification requirements to GSA Risk Management
specifications.
Attachments
lN113%,4AA)
Assist
t Coun
MEMORANDUM
(Revised)
TO: Honorable Chairman Joe A. Martinez DATE: September 1, 2011
and Members, Board of County Commissioners
FROM: R. A. Cuevas, Jr.
County Attorney
SUBJECT: Agenda Item No. 8 (M) (1) (A)
Please note any items checked.
"3 -Day Rule" for committees applicable if raised
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
Ordinance creating a new board requires detailed County Manager's
report for public hearing
No committee review
. Applicable legislation requires more than a majority vote (i.e,, 213's
3/5's , unanimous ) to approve
Current information regarding funding source, index code and available
balance, and available capacity (if debt is contemplated) required
Approved Mayor Agenda Item No. 8(M) (1) (A)
Veto 9-1-11
Override
RESOLUTION NO, R-671-11
RESOLUTION APPROVING INTERLOCAL AGREEMENT
BETWEEN VILLAGE OF KEY BISCAYNE AND MIAMI-
DADE COUNTY FOR THE USE, IMPROVEMENT AND
MAINTENANCE OF CALUSA MANGROVE TRAIL AREA OF
CRANDON PARK, INCLUDING VILLAGE PAYMENT OF UP
TO $300,000; AND AUTHORIZING COUNTY MAYOR OR
COUNTY MAYOR'S DESIGNEE TO EXECUTE THE
AGREEMENT ON BEHALF OF THE COUNTY AND TO
EXERCISE ANY AND ALL RIGHTS CONTAINED THEREIN
WHEREAS, Miami -Dade County Park and Recreation Department (heretofore known as
"COUNTY") is required to complete certain capital improvement projects within Crandon Park,
inclusive of the Calusa Mangrove Trail ("CMT") area, in accordance with the terms and
conditions of the Crandon Park Master Plan, as amended; and
WHEREAS, as a condition of extending the availability of lighted fields within Crandon
Park, the Village of Key Biscayne ("VKB") agreed to pay the cost of certain improvements
within the CMT and further desires to jointly use CMT with the COUNTY; and
WHEREAS, the VKB and COUNTY now desire to establish a Interlocal Joint Use
Agreement for the long-term use, maintenance and improvement of CMT as a means of
implementing certain terms of the Crandon Park Master Plan and increasing recreational
opportunities open to all County residents,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board: (1) approves
the Interlocal Agreement between the VKB and COUNTY for the use, maintenance and
improvement of land within Crandon Park in substantially the form attached hereto as Exhibit C;
Bruno A. Barreiro
Esteban L. Bovo, Jr.
Sally A. Heyman
Jean Monestime
Rebeca Sosa
Xavier L. Suarez
Agenda Item No. 8(M) (1) (A)
Page No. 2
(2) accepts up to $300,000 from the VKB to pay for certain improvements within CMT; and (3)
authorizes the County Mayor or County Mayor's designee to execute the Lrterlocal Agreement
and to exercise any and all rights conferred therein on behalf of the County.
The foregoing resolution was offered by Commissioner Jose "Pepe" Diaz
who moved its adoption. The motion was seconded by Commissioner Audrey Edmonson
and upon being put to a vote, the vote was as follows:
Joe A. Martinez, Chairman
Audrey M. Edmonson, Vice Chairwoman
absent
aye
aye
aye
aye
absent
aye
aye
Lynda Bell aye
Jose "Pepe" Diaz aye
Barbara J. Jordan aye
Dennis C. Moss aye
Sen. Javier D. Souto absent
The Chairperson thereupon declared the resolution duly passed and adopted this 1 S` day
of September, 2011. This resolution shall become effective ten (10) days after the date of its
adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an
override by this Board.
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUVIN, CLERK
By:
Christopher Agrippa
Deputy Clerk
Approved by County Attorney as
to form and legal sufficiency.
Monica Rizo
111111111111 11lI IIIII Iill I IIII I 11111 1111 Iill
INTERLOCAL
JOINT USE AGREEMENT
FOR
CALUSA MANGROVE TRAIL
CFN 2011R065.2-4-6
R Btu 27841 Ns 2054 -- 2070; (17a9s
RECORDED 09/23/2011 1a_r:57:42
HARVEY RUVIt4 CLERK OF COURT
MIAMI—DAf)E COUNTY? FLORIDA
This Interlocal Joint Use Agreement ("Agreement") is entered into by and between
Miami -Dade County ("COUNTY"), a political subdivision of the State of Florida, and
the Villa e of Key Biscayne Florida ("VILLAGE"), a Florida munici al oration, on
the = y da ofi , 2011 pursuant to Resolution 4s4/ ^ � , passed and
adopted by the Miami -D e Board of County Commis ioners on the 1 Stday of .Sv j� ,4r t) 1'-
2011, and pursualic to Res n o, /— Y , passed and adopted by the
VILLAGE on th day of , 2011, for joint improvement, use and maintenance
of a portion of Crandon Park nd generally known as the Calusa Mangrove Trail
("CMT"), see Exhibit "I".
WITNESSETH:
WHEREAS, the COUNTY, through its Park and Recreation Department,
operates and maintains Crandon Park as a countywide park to provide recreational
facilities, programs and services to COUNTY residents; and
WHEREAS, the COUNTY, in the interest of increasing public access to certain
parts of Crandon Park, desires to allow the VILLAGE to use certain park facilities in a
manner that does not adversely impact natural resources or recreational program
accessibility; and
WHEREAS, the COUNTY, pursuant to provisions of the Recreation and Open
Space Element of the Comprehensive Development Master Plan (Objective ROS-1C), the
COUNTY can provide local recreation open space to municipalities through an Inter -
local Agreement; and
WHEREAS, Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation
Act of 1969," authorizes local government units to enter into Interlocal agreements for
the mutual benefit of said governmental units; and
WHEREAS, Sections 166.021 and 125.01, Florida Statutes, authorize the County
and the City to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, any use of the CMT must comply with the Crandon Park Master
Plan, as it may be amended, that identifies the CMT area as requiring, among other
requirements: 1) the renovation of the existing recreation center into an open -but -roofed
shelter; 2) renovation and upgrading the restrooms to comply with current Americans
with Disabilities Act of 1990 (42 U.S.C.*§ 12101, et seq), as amended from time to time;
and 3) renovation and conversion of the four existing non -lighted tennis courts to
multipurpose sport courts, all by May 2012; pursuant to plans submitted by the
VILLAGE to the COUNTY, in accordance with the Crandon Park Master Plan, as
amended (the "CMT Improvements"); and
Page 1 of 17
NOW, THEREFORE, in consideration of the terms and conditions, promises
and covenants hereinafter set forth, the parties agree as follows to jointly utilize that
portion of Crandon Park now known as Calusa Mangrove Trail ("CMT") as defined by
Exhibit "1" and as further set forth herein.
1. Recitals, Findings and Purpose.
The recitals and findings set forth above are hereby adopted by reference and
incorporated herein as if fully set forth in this section.
The purpose of this Agreement is to memorialize the agreement between the
parties regarding the joint use, maintenance and improvement of the CMT, as defined and
depicted in Exhibit "1" which is incorporated herein by reference, and is not intended and
does not serve to create an interest in land of the CMT or any other part of the COUNTY
property in Crandon Park.
2. VILLAGE agrees to the following:
a. VILLAGE will, at its own cost and expense, maintain an adequate standard for
grounds maintenance, facility maintenance and security for facilities and
structures located within the CMT as defined by Exhibit "2";
b. VILLAGE, at its own cost and expense, will provide security for the grounds,
facilities and structures to consist, minimally, of Village of Key Biscayne Park
and Recreation Department staff surveillance during the day and Village of Key
Biscayne Police Department patrol during the evening.
c. The CM"I' shall be open to the public at large, which shall have access to the
grounds, facilities and structures within the CMT, all weekdays and weekends,
sunrise to sunset, throughout the year, except as otherwise specifically set forth
herein. COUNTY may, on an infrequent basis, reserve exclusive use of the
CMT area provided there is no conflict with previously scheduled activities, and
subject to no less than ten (10) days advance written request to the VILLAGE
Manager. VILLAGE Manager's consent shall not be unreasonably withheld.
Likewise, the VILLAGE may, on an infrequent basis, reserve exclusive use of
the CMT area, provided there is no conflict with previously scheduled activities
and subject to no less than ten (10) days advance written request to the
COUNTY's Director of the Park and Recreation Department. COUNTY's
Director of the Park and Recreation Department shall not unreasonably
withhold consent.
d. As consideration for the Crandon Park Amendment Committee allowing the
ballfield lights to conditionally remain at Crandon Park for up to eight years
from 2005, the VILLAGE will provide design and permitting and pay to the
COUNTY the actual cost for the COUNTY to complete the CMT
Improvements, inclusive of COUNTY bidding, project management,
construction supervision and project close out, which actual cost is currently
estimated to be approximately $258,000.00. However, in no event shall the
Page 2of17
VILI,AGE's financial responsibility for the CMT improvements exceed
$300,000 or be less than $250,000. Should the actual construction cost be less
than $250,000, such funds remaining after completion of the CMT
Improvements will be used by the COUNTY to make mutually agreed upon
ilnprovetnents to Crandon Park, consistent with the Crandon Park Master Plan,
as a►nended.
e. VILLAGE will designate a Village Park Manager to coordinate with a
COUNTY designee for all scheduling and other issues related to usage by either
party of the areas identified in Exhibit "A". Said Park Manager shall be
responsible for emergency response to all Calusa Mangrove Trail incidents. In
accordance with COUNTY incident reporting procedures, the Park Manager
must report all emergencies to the COUNTY designee located at Crandon Park
within 24 hours of the incident.
f. VILLAGE will meet annually with the COUNTY to jointly coordinate a
schedule for the year which may include all events, activities, programs and
exclusive use periods known at that time.
g.
VILLAGE shall be responsible for providing landscape maintenance and
facility maintenance services to the CMT in accordance with the requirements
of the standards of the Crandon Park Master Plan and the Landscaping
Maintenance Services plan, a copy of which is attached hereto and made a part
hereof as Exhibit 2 (the "Landscape Maintenance Se►vices Plan"). For purposes
of this Agreement, the term "landscape" or "landscaping," shall mean living
plant materials and non -living durable materials commonly used in
environmental landscape design such as, but not limited to, curbing, rocks,
pebbles, sand, paving, decorative pavers, pump systems, grading and irrigation
systems The maintenance of any and all such landscaping within the CMT shall
comply with applicable requirements of the County's Code of Ordinances, and,
if changed from Exhibit 2 at the request of the VILLAGE, shall be approved, in
writing, by the County's Director of the Parks and Recreation Department or
his/her designee, and said approval shall not be unreasonably be withheld or
delayed.
3. COUNTY agrees to the following:
a. COUNTY will complete, at the sole cost of the VILLAGE, the CMT
Improvements, inclusive of COUNTY bidding, project (management,
construction supervision and project close out by May 31, 2012. The
VILLAGE has agreed to design and permit the improvements at no cost to the
COUNTY.
b. COUNTY shall designate a County Park Manager to coordinate with
VILLAGE Park Manager for all scheduling and other issues related to usage by
either party of the areas identified in Exhibit "A".
Page 3 of 17
c. The COUNTY will meet annually with VILLAGE to jointly coordinate a
schedule for the year which may include all events, activities, programs and
exclusive use periods known at that time.
4. COUNTY and VILLAGE agree to the following:
a. VILLAGE shall be responsible to secure and lock any storage room/s when not
in use and unlock the restrooms at sunrise and lock the restrooms at sunset.
b. VILLAGE will not park any VILLAGE vehicles overnight or store any
property on any part of CMT as defined by Exhibit "A", except for poles, nets
and other shelter equipment used on the multi -purpose courts. This equipment
will be stored in the storage room of the shelter.
c. VILLAGE shall separately meter (or cause to be metered) and pay for all
utilities used within area identified in Exhibit "A at its sole cost and expense.
All utility modifications and payments shall commence at the execution of this
Agreement.
d. VILLAGE shall maintain and use CMT as a public park and shall use,
maintain and keep CMT open, along with all improvements contained therein,
for the use, enjoyment and recreation of all members of the public, whether or
not such users are VILLAGE residents.
e. VILLAGE shall not discriminate against non -VILLAGE residents in program
registration, in pricing, in registration or reservation priorities or in any other
policies as they relate to the use and operation of CMT.
f. VILLAGE shall refer to CMT in all publications, notices and program
registrations as "Calusa Mangrove Trail in Crandon Park".
g.
VILLAGE will comply with all applicable County Ordinances and,
specifically, Article 7 of the County Charter, the Crandon Park Master Plan
and Chapter 26 of the County Code of Ordinances relating to Parks, including
the Shannon Melendi Act.
h. VILLAGE agrees that, in accordance with the Crandon Park Master Plan, all
advertising, merchandising or promotion of any product, service or
organization whatsoever (either express or implied) shall be prohibited on, over
or within CMT, including but not limited to advertising associated with graphic
panels, signs, billboards, bus benches, bus shelters, banners, audio or video
devices, balloons, temporary graphic displays or similar devices. No activity,
feature or building shall be advertised or promoted on the Crandon Park lands
by a sign, flag or banner or any other means.
i. VILLAGE and COUNTY, in accordance with the Crandon Park Master Plan,
shall ensure that all users, vendors, permittees, lessees, promoters,
concessionaires or other purveyors of goods or services upon CMT pay the
VILLAGE and/or COUNTY, as applicable, a fee which is the greater of a flat
Page 4 of 17
fee or a minimum of 10% of all gross revenue generated by the permittee,
lessee, promoter, concessionaires or other purveyor from any activities
occurring on the CMT for which a price, charge, trade, barter or fee is
imposed. Such funds shall be devoted to implementing the Crandon Park
Master Plan and maintaining the CMT. VILLAGE shall separately document
and account for its receipt of any such funds and the use of such funds solely
within the CMT.
4. 'Perm
a. The term of the Agreement shall be ten (10) years, commencing upon
execution of this Agreement by the VILLAGE and COUNTY.
b. VILLAGE may request, in writing, no earlier than one -hundred and eighty
(180) days in advance of the applicable expiration date, the renewal of this
lnterlocal Joint Use Agreement for up to three (3) additional ten-year option
terms, which may be approved at the sole discretion of the COUNTY.
6. Payment
a. VILLAGE will pay to the COUNTY, in an amount not to exceed $300,000, the
total cost to the COUNTY for the COUNTY to complete the CMT
Improvements, inclusive of COUNTY bidding, project management,
construction supervision and project close out. Payment from the VILLAGE
shall be provided by check to the COUNTY in two installments: $100,000
within ten (10) days of approval of the Agreement by the Board of County
Commissioners and the balance within thirty (30) days of the VILLAGE being
notified by the COUNTY of final completion of the CMT Improvements.
b. As previously stated herein, VILLAGE will assume the costs to maintain
existing and proposed landscape and facilities during the term of the
Agreement.
c. Further, VILLAGE shall provide evidence of such fielding to the County
Mayor or designee in a VILLAGE resolution authorizing the VILLAGE to
enter into an Agreement expressly for such purposes, prior to the execution of
this Agreement.
7. Additional Improvements
a. VILLAGE may, upon prior notification to and the written approval of the
County's Director of the Parks and Recreation Department, install or const►uct
within the Parks, at its expense, additional landscaping materials or hardscape,
including but not limited to benches and trash receptacles, all of which require
compliance with the Crandon Park Master Plan, as amended. The location of
said landscaping or hardscaping shall be approved by the COUNTY's Parks
and Recreation Director or his or her designee prior to installation. Any such
requests by the VILLAGE shall not be unreasonably withheld or delayed. If
any such additional improvements are installed, the VILLAGE agrees to
Page 5 of 17
maintain the same, at its sole cost and expense, in accordance with the terms of
this Agreement.
h. COUNTY may, upon prior notification to and the written approval of the
VII,LAGE, install or construct within the CMT portion of the Park, at its sole
cost and expense, additional landscaping materials or hardscape, including but
not limited to, benches and trash receptacles. The location of said landscaping
or hardscaping shall be approved by the VILLAGE prior to installation. Any
such requests by the COUNTY shall not be unreasonably withheld or delayed.
If any such additional improvements are installed pursuant to this provision,
the VILLAGE shall be responsible to maintain the same in accordance with the
terms of this Agreement.
8. Construction of Additional Improvements
a. Prior to the commencement of any additional construction by the VILLAGE
with a cost of $200,000 or more, the VILLAGE or its contractor shall furnish
the COUNTY with a Section 255.05, Florida Statutes, statutory payment and
performance bonds, as described herein, approved by the COUNTY, which
approval shall not be unreasonably withheld. The bond shall be that of a
responsible surety company qualified under the terms of the Agreement,
licensed to do business in Florida, in amounts not less than the cost of work, as
determined by the COUNTY and shall remain in effect until the entire cost of
the VILI,AGE's work shall have been paid in full. The bonds shall provide the
following, without limitation:
1) That a payment bond in an amount not less than the cost of construction of
VILLAGE's work is obtained that is conditioned to secure the completion
of VILLAGE's work free from all liens and claims of contractors,
subcontractors, mechanics, laborers and material; and
2) That a performance bond in an amount not less than the cost of
construction of VILLAGE's work is obtained that insures that the
construction work shall be completed by the VILLAGE, the general
contractor or, on their default, the surety.
If the construction work to be performed by the VILLAGE has a construction
cost of less than $200,000 and the VJI,I,AGE elects not to obtain a statutory
payment and performance bond for such work, then the VILLAGE agrees to
perform such work by strictly following the procedures set out in Rule 60D-
5.0041(2) of the Florida Administrative Code. In the event that a contractor,
subcontractor, materialman, laborer, and/or supplier on a project undertaken by
the VILLAGE make a claim or demand against the COUNTY arising froin its
work on such project, the VILLAGE agrees to defend and indemnify the
COUNTY against such claim or demand.
c. Prior to the commencement of construction, the VILLAGE shall cause it's
contractor to provide an original policy for Builders Risk/Installation Floater
Page6of17
on an "All Risk" basis in an amount not less than the estimated replacement
value at the time of completion of new buildings, structures, additions,
improvements, alterations, repairs, machinery or equipment. The policy shall
be in the name of Miami -Dade County as primary beneficiary and the
Contractor as their interests may appear. This insurance is to be maintained
until final completion of the work, as determined by the Park and Recreation
Department.
d. All construction work must meet or exceed requirements of applicable building
codes in effect. During construction the VILLAGE shall retain all
responsibility for securing the construction site. The VILLAGE shall be solely
responsible for payment of all project cost and any cost overruns. The
VILLAGE shall be solely responsible for overseeing the construction project
from permitting through final completion.
e. The VILLAGE agrees to perform the construction work as provided herein, in
compliance with all applicable local, State, and Federal laws, including but not
limited to Section 255.20 of the Florida Statutes.
9. Indemnification
a. The COUNTY shall indemnify and hold VILLAGE and its officers,
employees, agents and instrumentalities harmless the from any and all liability,
losses, damages, including attorney's fees and costs of defense, which
VILLAGE may incur as a result of claims, demands, suits, causes of actions or
proceedings of any kind or nature arising out of, relating to or resulting from
the performance of the Agreement by the COUNTY and COUN'T'Y shall
defend the VILLAGE, including any and all appellate actions, in any such
actions or proceedings whether in the name of the VILLAGE or otherwise.
Provided, however, the indemnification contained herein shall only be to the
extent and within the limitations of Section 768.28 Florida Statutes, subject to
the provisions of the Statute whereby the COUNTY shall not be held liable to
pay a personal injury or property damage claim or judgment by any one person
which exceeds the sum of $100,000 ($200,000 for claims arising on or after
July 1, 2011), or any claim or judgment or portions thereof, which when
totaled with all other claims or judgments paid by the COUNTY arising out of
the same incident or occurrence, exceed the sum of $200,000 ($300,000 for
claims arising on or after July 1, 2011) from any and all personal injury or
property damage claims, liabilities, losses or causes of action which may arise
solely as a result of the negligence of the COUNTY.
b. The VILLAGE shall indemnify and hold COUNTY and its officers,
employees, agents and instrumentalities harmless the from any and all liability,
losses, damages, including attorney's fees and costs of defense, which
COUNTY may incur as a result of claims, demands, suits, causes of actions or
proceedings of any kind or nature arising out of, relating to or resulting from
the performance of the Agreement by the VILLAGE and VILLAGE shall
defend the COUNTY, including any and all appellate actions, in any such
actions or proceedings whether in the name of the COUNTY or otherwise.
Page 7of17
Provided, however, the indemnification contained herein shall only be to the
extent and within the limitations of Section 768.28 Florida Statutes subject to
the provisions of the Statute whereby the VILLAGE shall not be held liable to
pay a personal injury or property damage claim or judgment by any one person
which exceeds the sum of $100,000 ($200,000 for claims arising on or after
July 1, 2011), or any claim or judgment or portions thereof, which when
totaled with all other claims or judgments paid by the VILLAGE arising out of
the same incident or occurrence, exceed the sum of $200,000 ($300,000 for
claims arising on or after July 1, 201 1) from any and all personal injury or
property damage claims, liabilities, losses or causes of action which may arise
solely as a result of the negligence of the VILLAGE..
10. Insurance
a. Should VILLAGE hire a contractor to undertake further improvements, the
landscape maintenance, facility maintenance or security required pursuant to
this Agreement, or contract to undertake programming and events by a
contractor, VILLAGE or contractor shall submit to COUNTY copies of its
required insurance coverage and specifically provide that COUNTY (defined
to mean the county, its officers, agents, employees, volunteers and
representatives) as an additional insured or additional named insured with
respect to the required coverage and the operations of contractor.
b. In the event the insurance certificate provided indicates that the insurance
shall terminate and lapse during the period of this Agreement, then, in that
event, Contractor shall furnish, at least thirty (30) calendar days prior• to
expiration of the date of such insurance, a renewed certificate of insurance as
proof that equal and like coverage for the balance of that period of the contract
and extension there under is in effect. VILLAGE and Contractor shall not
continue to complete the improvements or perform under the terms of this
Agreement unless all required insurance remains in full force and effect.
c. VILLAGE shall require Contractor to procure and maintain at its own
expense, and keep in effect during the full term of the Agreement, a policy or
policies of insurance which must include the following coverages and
minimum limits of liability.
1. Worker's Compensation Insurance for statutory obligations imposed by
Worker's Compensation or Occupational Disease Laws, including,
where applicable, the United States Longshoreman's and Harbor
Worker's Act, the Federal Employers' Liability Act and the Jones Act.
Employer's Liability Insurance shall be provided with a minimum of
one hundred thousand dollars ($100,000.00) per accident. Contractor
shall agree to be responsible for the employment, conduct and control
of its employees and for any injury sustained by such employees in the
course of their employment.
2. Comprehensive General Liability (occurrence form), with the following
minimum limits of liability, with no restrictive endorsements:
Page8of17
$500,000 Combined Single Limit, per occurrence, Bodily Injury &
Property Damage Coverage shall specifically include the following
with minimum limits not less than those required for Bodily Injury
Liability and Property Damage Liability:
1. Premises and Operations;
2. Independent Contractors;
3. Product and Completed Operations Liability;
4. Broad Form Property Damage; and
5. Broad Form Contractual Coverage applicable to the Agreement
and specifically insuring the indemnification and hold harmless
agreement provided herein.
3 Automobile Liability Insurance, covering all owned, non -owned, and
hired vehicles used in connection with the Lease Agreement in an
amount not less than $500,000 combined single limit for bodily injury
and property damage.
e. COUNTY does not in any way represent that the types and amounts of
insurance required hereunder are sufficient or adequate to protect VILLAGE's
or Contractor's interest or liabilities, but are merely minimum requirements
established pursuant to this Agreement.
f. Insurance companies selected by the Contractor must be acceptable to
COUNTY. All of the policies of insurance required to be purchased and
maintained shall contain a provision or endorsement that the coverage
afforded shall not be canceled, materially changed or renewal refused until at
least thirty (30) calendar days written notice has been given to the COUNTY
and to the VILLAGE.
g. The required insurance coverage shall be issued by an insurance company
authorized and licensed to do business in the State of Florida, with a minimum
rating of BA to A+, in accordance with the latest edition of A.M. Best's
Insurance Guide.
h. Any Contractor retained by the VILLAGE to perform work at the subject
property shall ensure that any company issuing insurance to cover the
requirements contained in this Agreement agrees that they shall have no
recourse against the COUNTY for payment or assessments in any form on any
policy of insurance.
i. COUNTY shall provide written notice of the occurrence to VILLAGE of any
possible insurable claim or event within fifteen (1 5) working days of
COUNTY's actual notice of such a claim or event.
Violation of the terms of this Section and its sub -parts shall constitute a
breach of the Agreement, and COUNTY, in its sole discretion, may cancel the
Agreement, and all rights, title and interest of the VILLAGE in this
Page9of17
Agreement shall thereupon cease and terminate, subject to the provisions of
Paragraph 11 hereof.
11. Default and Cancellation
a. If the VILLAGE in any manner violates the covenants and conditions of this
Agreement for any other reason that would place the VILLAGE in default,
and does not correct the violation within thirty (30) days after receiving
written notification from the COUNTY, or has not provided the COUNTY
with a written response within thirty (30) days after receiving said written
notification indicating the status of why the VILLAGE cannot correct the
violation within the thirty (30) days, then this Interlocal Joint Use Agreement
may, at the option of the COUNTY, and upon ten (10) days additional written
notice to VILLAGE, be cancelled forthwith without payment or compensation
to VILLAGE.
b. If the COUNTY in any manner violates the covenants and conditions of this
Agreement for any other reason that would place the COUNTY in default,
and does not correct the violation within thirty (30) days after receiving
written notification from the VILLAGE, or has not provided the VILLAGE
with a written response within thirty (30) days after receiving said written
notification indicating the status of why the COUNTY cannot correct the
violation within the thirty (30) days, then this Interlocal Joint Use Agreement
may, at the option of the VILLAGE, and upon ten (10) days additional written
notice to COUNTY, Y, be cancelled forthwith without payment or compensation
to COUNTY.
c. In the event of cancellation of this Agreement as herein provided, the
VILLAGE shall remove all of its personal property and discontinue its use of
the facilities located within Exhibit "A".
12. Termination
a. COUNTY may terminate this Agreement with or without cause by providing
VILLAGE with at least one -hundred eighty (180) days written notice. Upon
or prior to the effective date of termination, COUNTY shall thereafter be
responsible for all Landscape Maintenance Services within the Parks.
13. Amendments
The County Manager, or his designee, shall be the party designated by the COUNTY,
and the Village Manager, or his designee, shall be the party designated by the VILLAGE,
to grant or deny all approvals required by this Interlocal Joint Use Agreement, or to
terminate this Interlocal Joint Use Agreement.
14. Notices
Page 10 of 17
Except as otherwise provided herein, all notices or other communications which shall or
may he given pursuant to this Interlocal Joint Use Agreement shall be in writing and shall
be delivered by personal service or by certified mail addressed to the parties at their
respective addresses indicated below, or as the same may be changed, in writing, from
time t0 time. Such notice shall be deemed given on the day on which personally served,
or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is
earlier.
To the VII ,I,AGE: Village Manager
The Village of Key Biscayne
Village of Key Biscayne Village Hall
88 W. McIntyre Street
Key Biscayne, FL 33149
'I'o the COUNTY: County Manager
Stephen P. Clark Center
1 11 N.W. First Street, 29th Floor
Miami, Florida 33128
With a copy to: Miami -Dade County Park & Recreation Department
Attn: Director
275 N.W. 2nd Street
Miami, Florida 33128
15. Assignment
Neither party shall assign, transfer, sublet or subject this Agreement or its rights, title, or
interest thereupon without the other party's prior written approval, to be given in the sole
discretion of such party.
16. Governing Law and Venue
'The validity, construction, and effect of this Agreement shall be governed by the laws of
the State of Florida, Any claim, objection, or dispute arising out of the terms of this
Agreement shall be litigated in the Eleventh Judicial Circuit in and for Miami -Dade
COUNTY, Florida.
17. Construction of Agreement
The terms and conditions herein arc to be construed with their common meaning t0
effectuate the intent of this Agreement. All words used in the singular form shall extend
to and include the plural and all words in the plural form shall extend to and include the
singular. All words in any gender shall extend to and include all genders.
18. Entire Agreement, No Oral Modification
Page 11 of 17
This Agreement represents the entire and integrated agreement between COUNTY and
VILLAGE, and supersedes all prior negotiations, representations or agreements, either
written or verbal. This Agreement may only be amended by written instruments signed
by both COUNTY and VILLAGE and may include other services only if directly related
to the intent and scope of this Agreement. The failure of a party to insist on strict
performance of any terms of this Agreement shall not be construed as a waiver and
relinquishment for the future of any term, condition or election but the same shall remain
in full force and effect.
19. Severability
In the event any paragraph, clause or sentence of this Interlocal Joint Use Agreement or
any future amendment is declared invalid by a court of competent jurisdiction, such
paragraph, clause or sentence shall be stricken from the subject Interlocal Joint Use
Agreement and the balance of the Interlocal Joint Use Agreement shall not be affected by
the deletion thereof, provided to do so would not render interpretation of the lease
provisions ambiguous or a nullity.
20. Recording of Agreement
It is agreed that this Agreement shall be filed with the Clerk of the Circuit Court of
Miami -Dade County, as required by Section 163,01(11), Florida Statutes.
21. Effective Date
This Agreement shall become effective upon the execution by the County and the
VILLAGE.
Page 12 of 17
IN WITNESS WHEREOF, Miami -Dade County and Village of Key Biscayne,
have caused theses presents to be executed in their respective names, by proper officials,
the day and year first above written.
Attest:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
oregoing
2011
ho being dt
or her best krty
[SEAL]
Notary Public:
Commissio
Attest:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
}
}
}
}
VILLAGE OF KEY BISCAYNE,
FLOR , a political subdivision
of he t e of Florid
B
Vi lage Mayor
fore me this , day of
/ who is personally known and
aforementioned is true and correct to his
MIAMI-DADE COUNTY,
FLORIDA, a political subdivision
of the State of Florida
The foregoing instrument was acknowledged before me this t, day of
lv► r , 2011, by (...ckr\oS A Gi, Wage _ , respectively, of the Miami -Dade
County, Florida, who is personally known and(vho being duly sworn, depose and say
that the aforementioned is true and correct to their best knowledge.
[SEAL]
Notary Public:
Commission;
County Attorney review for
Legal sufficiency
County Clerk
n.,
k.:.\t)%c_LA
#, JACQUELINE ANQNEL•NOVICK
Notary Public • State 01 Florida
4 : My Comm. Expins Mar 23.2013
lap Commission #r DD 873507
ano gyaki
Page 13of17
1
Exhibit 1
Calusa Mangrove Trail
Boundary Sketch
ein
.11
Boundary of Kcy
Biscayne Use of
CN"f Portion of
Crandon Park
Page 14 of 17
Exhibit 2
Calusa Mangrove Trail
Required Maintenance
VILLAGE to furnish all expertise, supervision, labor, equipment, material,
transportation, and support services necessary to perform Landscaping Maintenance and
Facility Maintenance, at the location(s) listed, at the quality, quantity and frequency
specified.
1. Landscape Maintenance
Turf Maintenance
To be performed at a minimum of 26 cuts per year depending upon low and high
growing season.
Trimming
Grass shall be trimmed 26 times/year during, or as an immediate operation following
mowing. Trimming may be accomplished by hand or hand power shear or rotary
cutting machines.
Edging
Mechanical edging (vertical trimming) shall be done a minimum of 26 times/year
during, or as an immediate operation following mowing of all turf edges is to be used
in all areas abutting sidewalks, flush paved surfaces, curbs, drives, patios, etc.
Blowing/Sweeping
Blowing and or sweeping of all sidewalks, flush paved surfaces, curbs, drives, patios,
parking lots, etc. shall be done a minimum of 26 times/year during, or as an
immediate operation following mowing
Pruning Shrubs and Ground Cover Plants
All planted shrubs, hedges and ground cover plants growing in the work areas shall
be pruned to maintain plants in healthy, growing condition and to maintain plant
growth within reasonable bounds and to prevent encroachment of passageways,
walks, streets, view of signs or in any manner deemed objectionable by the individual
Site Manager. Planters shall be trimmed and pruned as necessary to provide a
uniform appearance. Mulch shall be applied to a depth of 2" twice a year. All non -
planted exotic vegetation shall be removed or at least retained at the size and location
as of the date of Agreement execution.
Tree Care
Page 15 of 17
All trees to be maintained at a minimum canopy high of 8' at all walkways, bike path,
common areas and areas so designated by the Project Manager.
Weed Control
All landscaped areas within the specified area including shrub and ground cover beds,
planters, swales, walkways, and areas covered with gravel, rocks, or wood chips shall
be kept free of weeds.
Insect Control
Using an IPM approach, the VILLAGE shall maintain all turf, shrubs, hedges and
ground cover plants in a healthy, growing condition free of pest infestations and
damage.
Fertilization
The VILLAGE shall fertilize all turf areas, shrubs and ground cover twice a year
using a 50% slow release Nitrogen formula with a ratio of Nitrogen, Phosphorus and
Potassium of 2/.511.
Irrigation
The County shall provide a working irrigation system. The VILLAGE will then
maintain the system in working order. The VILLAGE will be required to inspect and
repair the system on a monthly basis. All functional irrigation systems will be
inspected once a month. Repairs to systems can be provided at an additional cost of
parts + labor.
Litter Control
VILLAGE shall be responsible for removing all trash that would be cut or scattered
by slowing prior to mowing, including illegal dumping and materials deemed
dangerous to public use.
Exotic Plant Control
Pursuant to the County's Park and Recreation Department Natural Area Management
Plan recommendations and guidelines, the Village shall manage exotic plan control
by maintain existing exotic and invasive plants at levels equal or less than the
condition at the time of execution of this Agreement.
Page 16 of 17
2. Facility Maintenance
Buildings and Surfaces
The VILLAGE shall paint the buildings and structures a minimum of every 5 years or
at such time as the condition of the paint warrants application because the appearance
or protection of the structures falls below acceptable County standards.
The VILLAGE shall maintain for the length of the agreement, all electrical, plumbing
and sewer fixtures and services.
The VILLAGE shall maintain for the length of the agreement, the roofs on all
buildings and structures to prevent leaks that may damage interior areas and roof
supports.
The VILLAGE shall maintain handicap parking signage/parking spaces and no
parking areas. The VILLAGE shall reseal and restripe parking lots a minimum of 1
time every 3 years or when required to maintain the parking area to County
acceptable conditions.
The VILLAGE shall resurface the multi -use courts a minimum of every 5 years or
when required to maintain the courts to County acceptable conditions.
Cleaning Standards
The VILLAGE agrees to clean the buildings and restrooms a minimum of daily, twice
a day on weekends, holidays and during periods of high use (camps).
The VILLAGE agrees to empty trash containers a illinimui11 of daily, twice a day on
weekends, holidays and during periods of high use (camps).
The VILLAGE agrees to pick up litter and illegally dumped material from the facility
grounds a minimum of daily, twice a day on weekends, holidays and during periods
of high use (camps).
The VILLAGE agrees to maintain picnic tables and grills in a safe, working order.
The VILLAGE agrees to replace tables and grills immediately if they become unsafe
or unsightly.
The VII,I,AGE shall pressure wash and clean the exterior of all buildings, structures
and court surfaces a minimum of 4 times a year.
Hurricane Protection
The VILLAGE shall follow a COUNTY provided Hurricane preparedness manual for
securing the grounds, parking lots, buildings and structures following County issued
warnings.
Page 17 of 17