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.
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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
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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.
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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
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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.
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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
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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
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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