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HomeMy Public PortalAbout2000 Beach Renourishment Project Cost SharingApproved Mayor Agenda Item No. 6 (D) (1) (E) 10-3-00 Veto (MIA VILE Cerf Override ,t „ERlt OF THE BOARD OF COUNTY COMMISSIONERS DADE COUNTY, FLORIDA RESOLUTION NO. R -1038 -CO RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN MIAMI- DADE COUNTY AND THE VILLAGE OF KEY BISCAYNE ESTABLISHING COST -SHARING COMMITMENTS AND PROJECT IMPLEMENTATION RESPONSIBLITIES FOR THE KEY 'BISCAYNE BEACH RENOURISHMENT PROJECT; AND AUTHORIZING THE COUNTY MANAGER TO EXERCISE THE TERMINATION PROVISIONS THEREIN WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board approves the interlocal agreement between Miarni-Dade County and Village of Key Biscayne establishing cost -sharing commitments, contingent upon a future appropriation of funds by this Board, and project implementation responsibilities for the Key Biscayne beach renourishment project, in substantially the form attached hereto and made a part hereof; and authorizes the County Manager to execute same for and on behalf of Miami -Dade County, Florida; and to exercise the termination provisions contained therein. The foregoing resolution was offered by Commissioner &tan A. im who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Katy- Sbmnson Dr. Miriam Alonso Dr. Barbara M. Carey-Shuler , Betty T. Ferguson Jimmy L. Morales. Pedro Reboredo Natacha .Agenda ItemRio. -6 (D) ('1) (E )' Page No. 2 abeam Bruno A. Barreiro aije Miguel Diaz de la Portilla ,GweneMargolis (-Dennis' C. Moss, Dorrin.D. Rolle laty'So nson Javier D:,Souto ,a e , aye eie ateznt absent eje The Chairp'erson'theretupou•declared-theresolution duly- passed' and adopted this--5thday of October, 2000. 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. ptl g•0t,.... ai c()MM,>, f0 `J"� COUNTY' 0 `►,,� wa •en�.ww Approved by County Attorney ash to form and legal sufficienc MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK y:�x SULLIVANSULLIVAN Deputy,Clerk MIAMI-DADE COUNTY, FLORIDA MIAMI-DADE ENVIRONMENTAL RESOURCES MANAGEMENT NATURAL RESOURCES DIVISION 33 S.W. 2nd AVENUE MIAMI, FLORIDA 33130-1540 (305) 372-6789 FAX (305) 372-6630 October 25, 2000 C. Samuel Kissinger Manager, Village of Key Biscayne '85 West McIntyre Street Key Biscayne, Florida 33149 RE: Interlocal Agreement for Beach Renourishment Dear Sam, Please find attached a fully executed interlocal agreement between the Village and Miami -Dade County in connection with the upcoming beach nourishment project. This agreement was approved by our Board on October 3, 2000 (copy of authorizing resolution attached). We have already initiated several of the monitoring tasks detailed in the agreement, and it is my understanding that the County will seek to identify the funds to reimburse the Village for the county -share of the construction costs in the next budget cycle. Feel free to contact me if you have any questions or need any additional information on this matter. Sincerely, Specia rojec s Administrator 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. VILLAGE shall mean the Village of Key Biscayne, by and through its Village Council, or designee. 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, civil disturbance or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on the rights or obligations under this Agreement. PROJECT shall mean the Key Biscayne Beach Renourishment Project. SECTION 2. RESPONSIBILITIES OF THE VILLAGE The Village shallserve as local sponsor for the PROJECT, and shall fulfill all responsibilities associated with that role unless otherwise stated in this Agreement. These responsibilities will include, but not be limited to, the execution of a state cost -sharing agreement, development of a final project design, obtaining all applicable federal, state, and local permits, providing the non -county portion of the local cost -share, and bidding and administering the construction contract. SECTION 3. RESPONSIBILITIES OF THE COUNTY A) The COUNTY shall provide the VILLAGE, subject to the identification of available COUNTY funds, a portion of the local cost of implementing the PROJECT. The percentage of the local cost share provided by the 2 COUNTY will be based on the percent eligibility the PROJECT receives in the funding agreement executed between the VILLAGE and the Florida Department of Environmental Projection. This percentage is currently established at 50%. Using the existing state eligibility determination of 50%, the COUNTY will provide 50% of the local cost -share, or up to $667,500, based on the estimated local obligation for the project of $1,335,000. This local cost -sharing will be applied to any and all project -related costs incurred by the VILLAGE, which are eligible for reimbursement under the state funding agreement for the PROJECT. B) The COUNTY shall make every effort to expedite the identification of a viable source of COUNTY funding to provide the COUNTY portion of the local cost -share for the PROJECT. C) The COUNTY will provide technical support to the VILLAGE and its consultants on an as -need basis in the design, permitting, and construction of the project. D) The COUNTY shall conduct all beach surveying, and environmental assessment and monitoring, exclusive of turbidity monitoring, required under the permits issued for the PROJECT. 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 amendments 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 or any extended term of this Agreement. SECTION 5. COMPENSATION AND PAYMENTS The VILLAGE shall provide original invoices to the COUNTY for all eligible charges incurred by the VILLAGE in connection with the PROJECT. The COUNTY shall reimburse the VILLAGE for all approved charges associated with the PROJECT within thirty (30) days of receipt of the original invoices. 3 SECTION 6. CONTINGENCY This Agreement is contingent upon the availability of funds and is subject to amendment of termination due to lack of funds, or authorization, reduction of funds and/or change in regulations. In the event oftermination of this Agreement pursuant to Section 10, the VILLAGE 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 VILLAGE consent, delete or modify any or all portions of the restoration activities listed in section 3 of this Agreement, depending upon the price bid for construction and restoration activities, and availability of funds to the VILLAGE, or the VILLAGE'S good faith ability to obtain required permits. The consent of the VILLAGE as provided for in this paragraph shall not be unreasonably withheld. SECTION 8. LIABILITY AND INDEMNIFICATION To the extent permitted and limited by Florida Statute 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, suits, 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 interlocal 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 VILLAGE. SECTION 10. TERMINATION This Agreement may be terminated without cause, and for the convenience of either 4 party upon sixty (60) days prior written notice to the other of the intention to terminate. The County Manager or his designee 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 VILLAGE 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: As to the County: As to the Village: Director, Village Manager DERM Village of Key Biscayne Penthouse 2 85 West McIntyre Street 33 SW 2nd Avenue Key -Biscayne, Florida 33149 Miami, Florida 33130 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 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 VILLAGE 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 VILLAGE; B) Any and all rights provided under Federal laws and the laws of the State of Florida. 5 SECTION 13. VILLAGE EVENT OF DEFAULT The failure by the VILLAGE to substantially fulfill any of its material obligations in accordance with this Agreement, unless justified by Force Majeure, shall constitute a "VILLAGE Event of Default". If a VILLAGE 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 VILLAGE hereunder are terminated, effective upon such date as is designated by the COUNTY; 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 VILLAGE agree to submit to service for 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 6 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. INVALIDITY 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 the ease of reference only and do not constitute a part of this Agreement and shall not affect 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 purpose 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, Miami -Dade County, Florida, has caused this Agreement to be executed in its name by the County Manager or his designee, attested by 7 the Clerk of the Board of County Commissioners and has caused the seal of the County to be hereto attached, and the Village of Key Biscayne, Florida has caused this Agreement to be executed in its name by the Mayor or his designee, attested by the Clerk of the Village of Key Biscayne and has caused the seal of the Village to be hereto attached, all on the day and year first written above. Harvey Ruvin, Clerk of the Board Attest: ByT^ JC C) Z. Village Clerk f APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney METROPOLIT FLORID CO By: Ao,County Manag DADE COUNTY, BOARD OF SSIONERS VILLAGE OF KEY BISCAYNE, FLORIDA A municipal corporation of the State o Florida By: Village Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: 8 Village Attorney REVIEWED AS TO INSURANCE REQUIREMENTS By: County Risk Management