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Home My Public Portal About2005 Beach Renourishment Mitigation Project4 C4trtiCfiest, G11(µ tK AGREEMENT NUMBER G5250050033 MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE BISCAYNE NATIONAL PARK AND THE VILLAGE OF KEY BISCAYNE, FLORIDA This Agreement is entered into by and between the United States Department of the Intenor, National Park Service (hereinafter NPS), Biscayne National Park (hereinafter the PARK), and the Village of Key Biscayne, Florida (hereinafter the VILLAGE) ARTICLE I - BACKGROUND AND OBJECTIVES The objective of this Memorandum of Agreement is to establish the terms and conditions under which the parties will mutually assist each other in conducting a seagrass mitigation project in the Park The work to be performed in the Park under this Agreement shall be referred to as the Village of Key Biscayne Beach Renourishment Mitigation Project (hereinafter the MITIGATION PROJECT) The purpose of the Mitigation Project is to provide adequate in -kind compensation for losses to seagrass habitat function due to pipeline corridor impacts associated with the Village of Key Biscayne Beach Renounshment Project (hereinafter the BEACH RENOURISHMENT PROJECT) The Beach Renounshment Project resulted in approximately 0 31 acre of seagrass impacts along the pipeline corridor from scour and erosion The Mitigation Project will focus on restoring the functional services of seagrass habitat impacted by the Renounshment Project Specifically, the Mitigation Project is intended to satisfy the off -site mitigation requirement of 0 31 acre of seagrass restoration, as set forth by environmental permits issued for the Renounshment Project, which include • Dade County Department of Environmental Resources Management Class I Coastal Construction P-eriaait-#--CC99s347 • United States Army Corps of Engineers Individual Permit # 199904294 (IP-DSG) • Florida Department of Environmental Protection Joint Coastal Permit # 0160856- 001-JC The Mitigation Project will involve restonng injunes to seagrass habitat caused by vessel groundings within the boundaries of the Park The vessel grounding sites in the Park to 900/TOOIJ MJEd TEUOTWEN OUSEDSTg 06TT O1'7 COP TV4 bP QT WIT cnn7/ 7iQn be restored as part of the Mitigation Project are orphan sites with no known responsible party Restoration methods appropriate for the individual injunes will be selected from a suite of restoration alternatives approved for use in the Park The on -site mitigation (0 31 acre) for all impacts within the pipeline corridor will occur within the jurisdiction of the Village, and outside the scope of this Agreement The objective of the work performed under this Agreement is for the Park and the Village (and/or its authonzed representatives) to collaboratively conduct the Mitigation Project in three phases Phase I -- Mitigation Planning, Phase II — Mitigation Implementation, and Phase III — Mitigation Monitoring This Agreement is for the period of June 1, 2005 -- November 30, 2010 ARTICLE II - AUTHORITY This Agreement is entered into under the authority of 16 US C Section la -2 (L) ARTICLE III - STATEMENT OF WORK A The Park agrees to provide services and equipment in support of the phased Mitigation Project Specifically, Phase I — Mitigation Planning will involve a kick-off meeting, field assessment of orphan grounding sites, Park collaboration with the Village and/or its designee and approval of a detailed mitigation plan, and Park completion of necessary environmental compliance Phase II — Mitigation Implementation will involve the Park working with the Village on developing contract scoping documents, reviewing bids, and selecting a contractor, as well as Park oversight of mitigation implementation The selected contractor and key personnel will be subject to Park approval Phase III — Mitigation Monitoring will involve the Park conducting eight monitoring events over the course of five years and monitoring reporting Copies of all reports generated by the Park and/or its contractors over the course of the Mitigation Project, including but not limited to a restoration completion report and eight monitoring reports, will be forwarded to the Village for their records and for distribution to the regulatory agencies for permit compliance —I3 the -Village agrees to compensate1he Park —for -the services and equipment it provides in support of the Mitigation Project Phased work, associated tasks, and project costs are detailed in Attachment A of this agreement The_totalslollar _ amount of this agreement is $20,942 25 (1) The Village will be invoiced by NPS on a tnonthly basis for the costs incurred during the Mitigation Project Payment instructions will be Included with each invoice Village of Key Biscayne Bench Renounshment BISCAgreement Number 05250050033 Page 2of6 900/Z00[13j NJud ieuoTTeN auSgosTg 06TT OCZ 50£ IVA i7£ 5T au 900Z/£Z/80 (2) (3) If the actual work exceeds the budget of this Agreement, a modification will be made to this Agreement to cover actual costs Copies of all reports generated by the Park and/or its contractors over the course of the Mitigation Project, including but not limited to a restoration completion report and eight monitonng reports, will be forwarded to the Village C The parties further agree as follows Each party to this agreement waives all claims against the other party for compensation for any loss, damage, personal injury, or death occurring in consequence of the performance of this Agreement ARTICLE IV - LIABILITY WAIVER The Village agrees A To the fullest extent authonzed by Florida law, to indemnify, save and hold harmless, and defend the United States against all fines, claims, damages, losses, judgments, and expenses arising out of, or from, any act or omission of the Village, its officers, employees, or (members, participants, agents, representatives, agents as appro priate) arising out of or in any way connected to activities authorized pur suant to this Agreement This obligation shall survive the termination of this Agreement B To provide workers' compensation protection to the Village officers, employees, and representatives C To cooperate with the Park in the investigation and defense of any claims that may be filed with the Park arising out of the activities of the Village, its agents, and employees ARTICLE V - TERM OF AGREEMENT fhts Agreement will be effective for a period of one year from the date of final signature, unless it is terminated earlier by one of the parties pursuant to Article VI that follows Village of Key Biscayne Beach Renoarfshntent BISC Agreement Number G5250050033 Page 3 of 6 900/£OO1I i MU(' TRUOT1UN an1e3ST$ 06TT 0£Z SOE XVd 6£ ST au 900Z/£Z/90 t ARTICLE VI - KEY OFFICIALS All communications and notices regarding this Agreement will be directed to the following key officials of each party A For the Park Mary Collier Acting Superintendent Biscayne National Park 9700 SW 328 Street Homestead, Florida 33033 Phone 305-230-1144 x3002 Fax 305-230-1190 B For the Village Ms Jacqueline Menendez Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 Phone 305-365-8945 Fax 305 365-7757 Consultant Mr Kirk Lofgren Environmental/Permitting Project Manager Coastal Systems International Inc 464 South Dixie Highway Coral Gables, FL 33146 Phone 305-661-3655 x109 Fax 305-661-1914 ARTICLE VII - PRIOR APPROVAL Not applicable Pillage of Key Biscayne Beach Renourlshment BISC Agreement Number G5250050033 Page 4o16 1 900/600CA xsed TEUorlei j OUSUOsTg 06TT 0£Z 90£ IVd 6£ 9T af1J 900Z/i'7/R0 ARTICLE VIII - REPORTS AND/OR OTHER DELIVERIES The Park will provide the Village with a Restoration Completion Report upon completion of the restoration implementation The Park will also provide the Village with a copy of each monitoring report Upon completion of all tasks set forth in this Agreement, the Park will provide the Village a summary report of completed activities and findings ARTICLE IX - PROPERTY UTILIZATION Unless otherwise agreed to in wnting by the parties, any property furnished by one party to the other will remain the property of the furnishing party Any expendable property furnished by the Park to the Village during the performance of this Agreement will be used and disposed of as set forth in Park Property Management Regulations ARTICLE X - STANDARD CLAUSES A Civil Rights During the performance of this Agreement, the participants agree to abide by the terms of U S Department of the Interior — Civil Rights Assurance Certification, non- discrimination and will not discriminate against any person because of race, color, religion, sex or national origin Che participants will take affirmative action to ensure that applicants are employed without regard to their race, color, sexual orientation, national origin, disabilities, religion, age or sex 8 Promotions The Village will not publicize or otherwise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts, of other publications) which states or implies Government, Departmental, bureau, or Government approves of the Village work product or considers Village work product to be superior to the products or services C Public Information Release The Village will obtain prior Government approval from the Superintendent of Biscayne National Park for any public information release which refers to the Department of the Intenor, any bureau park unit or employee (by name. or title), or__to _this Agreement_ The specific text, layout, photographs, etc of the proposal release must be submitted with the request for approval �!lage of Key Biscayne Beach Renou,lshinent DISC Agreement Number 02.500.500.13 Page S of 6 900/9000 Nag,' TnuorLeM OUSUOSTg 06TT 0£Z 90£ XVd 6£ 9T au 900Z/£Z/80 ARTICLE XII - SIGNATURES IN WITNESS HEREOF, the parties hereto have executed this Agreement on the date(s) set forth below FOR THE NATIONAL PARK SERVICE Signature Name Mary Collier Title Acting Superintendent Date V2. 210 FOR THE VI GE OF KEY BISCAYNE, FLORIDA Signature Name Title Date Jacqueline Menendez Manager Tviika 1 61 'Z5 -c. 1 MAYRA F OOMEZ `,• MY COMMISSION 900 3x8142 EXPIRES Febmw y 20 2009 �RG,1 V eaw+d Um Notary Public Und.nv►*Ks 'nter- .A401 Village of Xey Biscayne Beach Renourlshment DISC Agreement Number G52500$0033 Page 6of6 900/900Ej 4 }Jed TTuotIUN ouSuostg 06TT ()CZ SOE IVA SE 5T HU 9OOZ/£Z/80