HomeMy WebLinkAbout2016-104-3003 - Five Yr Interlocal Agmnt w/MDCSU for Stormwater MgntRESOLUTION NO. 2016 - 104 -3003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF
THE FIVE (5) YEAR INTERLOCAL AGREEMENT BETWEEN THE
CITY OF MIAMI GARDENS AND THE MIAMI -DADE COUNTY
STORMWATER UTILITY FOR STORMWATER MANAGEMENT;
PROVIDING FOR THE ADOPTION OF REPRESENTATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 13, 2006, the City Council of the City of Miami
Gardens adopted Ordinance No. 2006 -25 -106, establishing a Stormwater Management
Utility Program, and
WHEREAS, on or about October 1, 2011, the City and Miami -Dade County
executed a cost sharing Interlocal Agreement for the maintenance of shared stormwater
drainage systems located within the City's boundaries, and
WHEREAS, that Agreement was for a five (5) year term, and expires on
September 30, 2016, and
WHEREAS, the parties desire to renew the initial Interlocal Agreement for an
additional five (5) year term, at a cost to the City in an amount not to exceed three
hundred ninety -six thousand seven hundred seventy -four dollars and zero cents
($396,774.00), annually, and
WHEREAS, Staff is recommending the City Council approve the renewal of the
Interlocal Agreement for stormwater management between the City of Miami Gardens
and Miami -Dade County Stormwater Utility for an additional five (5) year term,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby authorizes the renewal of that certain Agreement with Miami -Dade County
Stormwater Utility for stormwater management.
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON MAY 25, 2016.
OLIVER GILBERT, III, MAYOR
ATTEST:
RONETTA TAYLOR, MC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER
Moved by: vas
Seconded by: A-9--(-s
VOTE: ,6-6)
Mayor Oliver Gilbert, III
Vice Mayor Felicia Robinson
Councilwoman Lillie Q. Odom
Councilman David Williams Jr
Councilwoman Lisa C. Davis
Councilman Rodney Harris
Councilman Erhabor Ighodaro, Ph.D.
(Yes)
(No)
✓ (Yes)
(No)
r (Yes)
(Yes)
(No)
(No) N0-t-����"`�
✓ (Yes)
(No)
(Yes)
(No)
—✓ (Yes)
(No)
Resolution No. 2016 -104 -3003 Page 2
U
200 / City of Miami Gardens
Agenda Cover Memo
18605 NW 27`h Avenue
Miami Gardens, Florida 33056
Council Meeting Date:
May 25, 2016
Item Type:
EnterX in box
Resolution
Ordinance
Other
X
Fiscal Impact:
(Enter X in box)
Yes
No
Ordinance Reading:
(Enter X in box)
1St Reading
2nd Reading
X
Public Hearing:
(Enter Xin box)
Yes
No
Yes
No
Funding Source:
Public Works -
Stormwater
Advertising Requirement:
(Enter Xin box)
Yes
No
X
Contract /P.O. Required:
(Enter X in box)
Yes
No
RFP /RFQ /Bid #:
N/A
X
Strategic Plan Related
(Enter X in box)
Yes
No
Strategic Plan Priority Area:
Enhance Organizational 0
Bus. & Economic Dev 0
Public Safety Q
Quality of Education D
Qual. of Life & City Image X
Communications D
Strategic Plan Obj. /Strategy: (list the
specific objective /strategy this item will address)
Qual. of Life & City Image
X
Sponsor Name
Cameron D. Benson,
City Manager
Department:
Public Works - Stormwater
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE
RENEWAL OF THE FIVE (5) YEAR INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND
THE MIAMI -DADE COUNTY STORMWATER UTILITY FOR STORMWATER MANAGEMENT; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE
Staff Summary:
Background
In 2005, the City of Miami Gardens established its own stormwater utility. Thereafter, the City of Miami
Gardens and Miami -Dade County executed a cost share interlocal agreement for the maintenance of the
secondary canal system within city boundaries. The term of the 2011 Agreement expires on September
30, 2016.
Currently, Miami -Dade County provides canal maintenance in the following categories:
18605 NW 27th Avenue
Miami Gardens, Florida 33056
➢ Mowing
➢ Herbicide treatment
➢ Mechanical harvesting
➢ Litter removal
➢ Culvert cleaning — below and above water
➢ Obstruction removal
The County is responsible for the maintenance of flow and has ownership of the secondary canals within
Miami -Dade County, regardless of jurisdictional boundaries. Many of the secondary canals are directly
connected to the primary canals and are of regional importance. Therefore, the County will not
relinquish the responsibility of maintenance activities that have a direct impact on water flow within the
canals. However, the County has allowed the City to aesthetically maintain the secondary canals.
Specifically, mowing, litter removal, culvert cleaning above water, and tree maintenance.
Current Situation
The proposed interlocal agreement will allow the City to accurately budget for canal maintenance, which
in turn releases encumbered funds within the stormwater budget to complete planned capital projects.
The proposed pricing of some line items in their scope of work have increased. City Staff has reviewed
the increase which seems fair based on the previous interlocal agreement. The annual cost under the
new agreement will be adjusted to not exceed $396,774 per year, while the City's maximum five -year
cost will not exceed $1,983,870. The term of the agreement will be for a term of five (5) years expiring
on September 30, 2021.
Fiscal Impact
This agreement will have no fiscal impact to the budget for FY 2016. In FY 2017, the appropriate amount
should be allocated as well as for future years during the length of the contract.
Proposed Action:
It is recommended that the City Council approve the 5- Year Interlocal Agreement for Stormwater
Management between the City of Miami Gardens and Miami -Dade County Stormwater Utility.
Attachment:
Attachment A — Proposed Five (5) Year Interlocal Agreement
Attachment A2 — Map of Miami Gardens' Canals and Drainage Areas
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Department of Regulatory and Economic Resources
M IAM MDiADE
Carlos A. Gimenez, Mayor
April 25, 2016
Mr. Tom Ruiz, Public Works Director
City of Miami Gardens
1050 NW 163 Drive
Miami Gardens, FL 33169
Environmental Resources Management
701 NW 1 st Court, 5th Floor
Miami, Florida 33136 -3912
T 305 - 372 -6529 F 305 - 372 -6425
miamidade.gov
Re: Renewal of Interlocal Agreement for Stormwater Management between the City of Miami Gardens
(City) and Miami -Dade County Stormwater Utility (Utility) for FY 2016/17 to 2020/21
Dear Mr, Ruiz,
Please find enclosed for presentation to the City's Council, three originals of the Interlocal Agreement for
Stormwater Management (Agreement) between the City of Miami Gardens and the Miami -Dade County
Stormwater Utility. The enclosed Agreement is a renewal for five fiscal years, commencing on October 1, 2016,
and expiring on September 30, 2021.
Attachment "A" includes a Canals and Drainage Basin Areas Map, which depicts the areas in square miles that are
serviced / drained by each canal near or within the City's boundaries. The Percent Share Table, also in
Attachment "A ", uses the square miles of the drainage areas to compute the pro -rata share of the drainage for each
canal for the Utility and the City. This pro -rata percent is then used in Attachment "B" to determine the cost share
for the maintenance of each canal. These costs are maximum estimated costs, as the County invoices only for
actual work performed.
As requested by the City, the City will be responsible for performing Culvert Cleaning - Above Water, Flat and
Slope Mowing, and tree maintenance on canal right -of -ways within the City's basins shown in Attachment " "A" of
the Agreement, at no cost to the County. The County will perform the other tasks listed in Attachment "B" of the
Agreement on a cost -share basis with the City. The total annual cost of the Agreement is $612,000, of which the
Utility is responsible for $215,226 annually. The City's annual cost will not exceed $396,774, while the City's
maximum five -year cost is $1,983,870.
Please return to us the three signed Agreements, and a copy of the City Resolution or Ordinance authorizing the
City Manager to enter into the Agreement. A fully signed, and Board of County Commissioners executed,
Agreement will be returned to you for your records. Please contact Lucendia Bell of my staff or me at (305) 372-
6688 if you have any questions.
Sincerel ,
Randall N. White, Manager
Stormwater Utility Section
Enclosure: Three copies of Five (5) Year Interlocal Agreement
ec: Marina Blanco -Pape, P.E., Chief, Water Management Division, RER - DERM
Lucendia Bell, Environmental Resources Project Supervisor, Stormwater Utility Section
.Udiveri - ,xce " &XC'(" GCI
MIAMI -DADE COUNTY, FLORIDA
e, 14
couNTv
FIVE (5) YEAR
INTERLOCAL AGREEMENT
between
THE CITY OF MIAMI GARDENS
AND
THE MIAMI -DADE COUNTY STORMWATER UTILITY
FOR
STORMWATER MANAGEMENT
MIAMI -DADE COUNTY
STORMWATER UTILITY (305) 372 -6688
701 NORTHWEST FIRST COURT, SUITE 500
MIAMI, FL 33136
FJa'
FIVE (S) YEAR
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF MIAMI GARDENS (CITY)
AND
THE MIAMI -DADE COUNTY STORMWATER UTILITY (UTILITY)
FOR STORMWATER MANAGEMENT
THIS FIVE (5) YEAR INTERLOCAL AGREEMENT, [the "Agreement "] by and
between the Miami -Dade County Stormwater Utility, a public body corporate and politic,
through its governing body, the Board of County Commissioners. of Miami -Dade County,
Florida [hereinafter sometimes referred to as "UTILITY ",] and the City of MIAMI GARDENS, a
Florida Municipal Corporation, through its governing body, the MIAMI GARDENS City
Council of the City of MIAMI GARDENS, Florida [hereinafter sometimes referred to as
"CITY ",] is entered into as follows:
WITNESSETH
WHEREAS, Section 403.0893, Florida Statutes (F.S.), authorizes the establishment of
stormwater utilities to plan, construct, operate, and maintain stormwater management systems;
and
WHEREAS, the Board of County Commissioners of Miami -Dade County, did, by
adoption of Miami -Dade County Ordinances No. 91 -66 and Ordinance No. 91 -120, as amended
by Ordinance Nos. 92 -44 and 92 -86, create a stormwater utility [hereinafter referred to as the
"UTILITY "], and which UTILITY may operate within a municipality or municipalities; and
WHEREAS, it is the intent of the UTILITY and the CITY, through this Agreement, to
establish relationships and responsibilities for the maintenance of shared stormwater systems by
the CITY and the UTILITY; and
WHEREAS, the UTILITY and the CITY recognize that there are operating costs, as well
as benefits, associated with maintaining shared stormwater drainage systems; and
WHEREAS, the UTILITY and the CITY want to share these costs in proportion to the
drainage area, the service provided, and the benefits received,
Now, therefore, in consideration of the mutual promises and covenants contained herein
and the mutual benefits to be derived from this Agreement, the parties hereto agree as follows:
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ARTICLE I
PURPOSES
The UTILITY and the CITY enter into this Agreement to further the following
purposes:
(1) to protect and promote the public health, safety, and general welfare through the
management of stormwater run -off;
(2) to maintain and improve water quality and preserve and enhance the
environmental quality of the receiving waters;
(3) to control flooding that results from rainfall events;
(4) to deter unmanaged rainwater from eroding sandy soils and causing
sedimentation;
(5) to deter the disruption of the habitat of aquatic plants and animals;
(6) to promote intergovernmental cooperation in effectively and efficiently managing
stormwater run -off,
(7) to maintain and repair shared stormwater systems located within the limits of the
drainage service areas, depicted on the map in Attachment "A -2 ", in accordance with the
approved plans. These include maintaining canals, and any required maintenance of flow control
structures and stormwater pump stations and their mechanical and electrical components;
maintaining stormwater systems as determined by conditions of the system, prevailing
environmental conditions, and the level of service established.
(8) to provide a mechanism for the UTILITY and the CITY to share and allocate the
cost of maintaining and repairing shared stormwater drainage systems as stated in (7), above.
ARTICLE II
DEFINITIONS
A ear ement shall mean this document, including any written amendments, attachments,
and other written documents, which are expressly incorporated by reference.
Stormwater Management Plan_ s shall mean stormwater management plans developed by
both the CITY and by the UTILITY, to meet the required level of service as established in their
respective stormwater management programs or master plan pursuant to Florida Statute
403.0891.
CITY Stormwater Utility Budget shall mean the CITY's developed and approved fiscal
year budget which includes a component for stormwater management of its drainage system,
including capital and operating outlays necessary to maintain the level of service established in
the CITY's Stormwater Management Plans.
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Utility Stormwater Budget shall mean the UTILITY's developed and approved fiscal
year budget for stormwater management of its drainage system, including capital and operating
outlays necessary to maintain the level of service established in the Utility's Approved Plans.
Shared Stormwater Drainage System shall mean that portion of the drainage system
owned by either the CITY or the UTILITY to which both the CITY and the UTILITY contribute
stormwater runoff and which is further identified in Attachment "A ".
Costs allocable to the CITY shall mean those portions of the actual maintenance and
operating outlays budgeted by the UTILITY in its yearly budget process, which are allocated to
the CITY based on the CITY's relative stormwater runoff contribution to the shared portion of
the stormwater drainage system of the UTILITY.
Costs allocable to the Utility shall mean those portions of the actual maintenance and
operating outlays budgeted by the CITY in its yearly budget process, which are allocated to the
UTILITY based on the UTILITY's relative stormwater runoff contribution to the shared portion
of the stormwater drainage system of the CITY.
Operating Outlgys shall mean expenses budgeted by the CITY and the UTILITY which
are actual expenses incurred in each fiscal year, which due to their nature are considered
reoccurring expenses to sustain yearly stormwater drainage operations.
Capital Outlays shall mean expenses budgeted by the CITY and the UTILITY which are
actual_: expenses incurred in each fiscal year, which due to their nature are considered non -
reoccurring and producing a long term benefit to the users. The yearly charges allocable to the
CITY or to the UTILITY shall be that amount prorated, plus interest charges and administrative
fees, for no longer than the calculated useful life of. the capitalized item in no case exceeding 20
years. A separate Interlocal Agreement is required for any approved Capital Outlays that may be
amortized beyond the life of this Agreement.
Fiscal Year shall mean the period beginning on October 1 and ending on September 30 of
the following year.
Force Majeure shall mean an act of God, epidemic, lightning, 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 has had or may reasonably be expected to have a material adverse effect on the rights or
obligations under this Agreement, and which, by the exercise of due diligence, such parties shall
not have been able to avoid. Such acts or events DO NOT INCLUDE inclement weather (except
as noted above) or the acts or omissions of subcontractors, third -party contractors, material men,
suppliers, or their subcontractors, unless such acts or omissions are otherwise encompassed by
the definition set forth above.
Maintenance is defined by,, and limited to, the tasks listed in the Attachment "B" or other
related stormwater drainage tasks agreed to by both parties' Project Managers.
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Project Manager shall mean the persons designated by the CITY and by the UTILITY to
serve as the representative of each for the purposes of exchanging communications and to issue
and receive directives pursuant to and within the powers provided under this Agreement.
Written notice shall mean written communication between the Project Managers.
ARTICLE III
STATEMENT OF WORK
The CITY AND the UTILITY shall fully and timely perform all work tasks described in
this Statement of Work:
The CITY shall maintain and repair shared stormwater systems located within the limits
of the drainage service areas, depicted on the map in Attachment "A -2 ", in accordance with this
Agreement and the CITY's stormwater management plan. The CITY shall be responsible for
maintaining aesthetic conditions only on canals and other water bodies within the CITY's
boundary by providing for, and at no cost to the COUNTY; litter and minor debris removal as
needed, culvert cleaning above water, flat mowing, and slope mowing.
The UTILITY shall maintain, repair, and enhance shared stormwater management
systems located within the limits of the drainage service areas in accordance with Attachment
"A" and Attachment `B ".
The CITY's relative stormwater runoff contribution to the UTILITY's shared drainage
system and the UTILITY's relative stormwater runoff contribution to the shared drainage system
is depicted in Attachment "A ".
ARTICLE IV
TERM OF THE AGREEMENT
The term of this Agreement shall be for a period of five (5) years commencing on
October 1, 2016 and ending on September 30, 2021, provided, however, either party may
terminate this Agreement without cause prior to the expiration date upon one (1) year's advance
written notice to the other party of its decision to terminate this Agreement.
ARTICLE V
CITY AND UTILITY RESPONSIBILITIES
A. Upon the request of either the CITY or the UTILITY, each shall share
information in matters related to operations, maintenance, design and construction costs and cost
allocation determinations associated with shared drainage systems.
B. The CITY and the UTILITY shall provide notice to each other, as provided, in
this Agreement designating their respective Project Manager. Each shall promptly notify each
other of any change in the Project Manager designation by written notice as specified in this
Agreement.
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C. Commencing with fiscal year 2016 -2017, and after approval of the Agreement,
the costs allocable to the CITY and the costs allocable to the UTILITY based on the relative
stormwater runoff contribution to each other's shared portion of the stormwater drainage systems
are included in this Agreement and presented as described in Attachment `B ". Estimated total
expenditures for the five (5) year term of this Agreement are also included and shall not be
exceeded.
D. The tasks and levels of service set forth in Attachment `B" may be adjusted by
the UTILITY due to prevailing environmental conditions, maintenance needs, or ownership,
provided that the total annual estimated expenditures are not exceeded. The CITY may also
request modifications to the tasks or level of services set forth in Attachment "B ". Any such
work requested by the CITY shall commence within reasonable time after the request has been
made to the UTILITY. If the tasks and level of service must be adjusted in such a manner that
the annual estimated expenditure will be exceeded in any given year, then approval by both
parties' Project Managers must be obtained. However, the total five -year cost of the Agreement
shall not be exceeded.
E. Payments by the CITY are to be made within 30 days after the bill presentation.
In the event of a dispute on the billed amount, the CITY may notify the UTILITY of the nature
of the dispute and the UTILITY shall make arrangements for the pertinent records to be made
available for inspection by the CITY, as indicated under Article V (H) of this Agreement. Upon
resolution of the dispute, payments by the CITY are to be made within 30 days. In the event of
an overpayment by the CITY, the UTILITY shall reimburse the CITY within 30 days after
verification of the overpayment by the UTILITY.
F. The CITY and the UTILITY shall maintain financial records pertaining to this
Agreement for 5 years after the expiration of this Agreement, and shall make them available for
inspection and copying at the place where the records are maintained within a reasonable time
after receiving a records request.
G. The CITY and the UTILITY shall each be responsible for procuring
independently all necessary permits in the performance of their respective work under this
Agreement.
H. The CITY and the UTILITY shall each comply with all applicable regulations,
ordinances and laws in effect in the performance of this Agreement.
I. If requested, the UTILITY will provide a tentative yearly maintenance schedule at
the beginning of each fiscal year. As an update to the yearly maintenance schedule, the UTILITY
will coordinate (via e -mail or telephone) with the CITY within 48 hours prior to commencing
work in the CITY. The UTILITY contact for maintenance activities will be the Division Director
of the Miami -Dade County Transportation and Public Works Department's Road, Bridge, and
Canal Maintenance Division.
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ARTICLE VI
COMPENSATION /CONSIDERATION
A. It is the intent and understanding of the parties that this Agreement is solely for
the CITY and the UTILITY. No person or entity other than the CITY or the UTILITY shall
have any rights or privileges under this Agreement in any capacity whatsoever, either as a third -
party beneficiary or otherwise.
ARTICLE VII
DEFAULT
CITY Event of Default
Without limitation, the failure by the CITY to substantially fulfill any of its material
obligations in accordance with this Agreement, unless such failures are justified by Force
Majeure, shall constitute a "CITY event of default ". The UTILITY shall not be required to
provide one year prior notice as required under Article IV before terminating this Agreement for
default. If the UTILITY determines that a CITY event of default has occurred, the UTILITY
shall provide written notice of such default to the CITY and allow the CITY a thirty (30)
calendar day period to rectify the "CITY event of default'.
In the event that the UTILITY determines that the CITY event of default has not been rectified,
the UTILITY shall have the right to terminate the Agreement with the following cumulative and
independent rights and remedies:
1. The right to declare that this Agreement together with all rights granted to the
CITY are terminated, effective upon such date as is designated by the UTILITY.
2. Any and all rights and remedies provided under federal laws and the laws of the
State of Florida.
UTILITY Event of Default
Without limitation, the failure by the UTILITY to substantially fulfill any of its material
obligations in accordance with this Agreement, unless such failures are justified by Force
Majeure, shall constitute a "UTILITY event of default ". The CITY shall not be required to
provide one year prior notice as required under Article IV before terminating this Agreement for
default. If the CITY determines that a UTILITY event of default has occurred, the CITY shall
provide written notice of such default to the UTILITY and allow the UTILITY a thirty (30)
calendar day period to rectify the "UTILITY event of default ".
In the event that the CITY determines that the UTILITY event of default has not been rectified,
the CITY shall have the right to terminate the Agreement with the following cumulative and
independent rights and remedies:
1. The right to declare that this Agreement together with all rights granted to the
UTILITY are terminated, effective upon such date as is designated by the CITY.
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2. Any and all rights and remedies provided under federal laws and the laws of the
State of Florida.
ARTICLE VIII
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. The UTILITY 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 Miami -Dade County, Florida, or in the United States District Court for the
Southern District of Florida, in Miami -Dade County, Florida.
ARTICLE IX
ENTIRETY OF AGREEMENT
The parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this Agreement, and
that this Agreement contains the entire agreement between the parties as to all matters contained
herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements, whether oral or written. It is further agreed that
any oral representations or modifications concerning this Agreement shall be of no force or
effect, and that this Agreement may be modified, altered or amended only by a written
amendment duly executed by both parties hereto or their authorized representatives.
ARTICLE X
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 affect the meaning or interpretation of any
provisions herein.
ARTICLE XI
RIGHTS OF OTHERS
Nothing in this Agreement expressed or implied is intended to confer upon any person
other than the parties hereto any rights or remedies under or by reasons of this Agreement.
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ARTICLE XII
REPRESENTATION OF CITY
The CITY represents that this Agreement has been duly authorized, executed and
delivered by the City Council of the City of MIAMI GARDENS, as the governing body of the
CITY and it has the required power and authority to perform this Agreement and has granted the
City Manager or the City Manager's Designee the required power and authority to perform this
Agreement.
ARTICLE XIII
REPRESENTATION OF UTILITY
The UTILITY represents that this Agreement has been duly approved, executed and
delivered by the Board of County Commissioners, as the governing body of the UTILITY, and it
has granted the Miami -Dade County Mayor or the Mayor's Designee the required power and
authority to perform this Agreement.
ARTICLE XIV
WAIVER
There shall be no waiver of any right related to this Agreement unless in writing and
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.
ARTICLE XV
INVALIDITY OF PROVISIONS, SEVERABILITY
Wherever possible, each provision of this Agreement shall be interpreted in such manner
as to be effective and valid under applicable law, but if any provision of this Agreement shall be
prohibited or invalid under applicable law, such provision shall be ineffective to the extent of
such prohibition or invalidity, without invalidating the remainder of such provision or the
remaining provisions of this Agreement, provided that the material purposes of this Agreement
can be determined and effectuated.
ARTICLE XVI
INDEPENDENT CONTRACTOR
The CITY shall perform all work and services described herein as an independent
contractor and not as an officer, agent, servant, or employee of the UTILITY. CITY shall have
control of the work performed in accordance with the terms of this Agreement and of all persons
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performing the same, and CITY shall be responsible for the acts and omissions of its officers,
agents, employees, contractors, and subcontractors, if any.
The UTILITY shall perform all work and services described herein as an independent
contractor and not as an officer, agent, servant, or employee of the CITY. UTILITY shall have
control of the work performed in accordance with the terms of this Agreement and of all persons
performing the same, and UTILITY shall be responsible for the acts and omissions of its
officers, agents, employees, contractors, and subcontractors, if any.
Nothing in this Agreement shall be construed as creating a partnership or joint venture
between the UTILITY and the CITY.
ARTICLE XVII
INDEMNIFICATION
The CITY shall indemnify and hold harmless the UTILITY and its officers, employees, agents
and instrumentalities from any and all liability, losses or damages, including attorney's fees and
costs of defense, which the UTILITY or its officers, employees, agents or instrumentalities 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 this Agreement by the CITY or its
employees, agents, servants, partners, principals or subcontractors. CITY shall pay all claims
and losses in connection therewith and shall investigate and defend all claims, suits or actions of
any kind or nature in the name of the UTILITY, where applicable, including appellate
proceedings, and shall pay all costs, judgements and attorney's fees which may issue thereon.
Provided, however, this indemnification shall only be to the extent and within the limitations of
Section 768.28 Fla. Stat., subject to the provisions of that Statute whereby the CITY shall not be
held liable to pay a personal injury or property damage claim or judgement by any one person
which exceeds the sum of $200,000, or any claim or judgement or portions thereof, which, when
totaled with all other claims or judgement paid by the CITY arising out of the same incident or
occurrence, exceed the sum of $300,000 from any and all personal injury or property damage
claims, liabilities, losses or causes of action which may arise as a result of the negligence of the
CITY.
The UTILITY does hereby agree to indemnify and hold harmless the CITY to the extent and
within the limitations of Section 768.28 Fla. Stat., subject to the provisions of that Statute
whereby the UTILITY shall not be held liable to pay a personal injury or property damage claim
or judgement by any one person which exceeds the sum of $200,000, or any claim or judgements
or portions thereof, which, when totaled with all other occurrence, exceeds the sum of $300,000
from any and all personal injury or property damage claims, liabilities, losses and causes of
action which may arise solely as a result of the negligence of the UTILITY. However, nothing
herein shall be deemed to indemnify the CITY from any liability or claim arising out of the
negligent performance or failure of performance of the CITY or any unrelated third party.
10 of 11
IN WITNESS THEREOF, the parties hereto through their duly authorized representatives hereby
execute this Agreement.
Attest: CITY OF MIAMI GARDENS, FLORIDA
18605 N.W. 27t` Avenue
Miami Gardens, FL 33056
Attn: Mr. Cameron Benson, City Manager
(305) 364 -6100
Authorized signature on bghalf
City Clerk Date of the City of MIAMI GARDENS, Florida.
:
In
City Attorney Date
City Manager Date
MIAMI -DADE COUNTY BOARD OF COUNTY
COMMISSIONERS, FLORIDA AS GOVERNING
BODY OF THE MIAMI -DADE COUNTY
STORMWATER UTILITY
By:
Mayor or Mayor's Date
ISesignee
Stephen P. Clark Center
111 N.W. 1 Street
Miami, Florida 33128
HARVEY RUVIN, CLERK
Attest:
BY:
Deputy Clerk Date
11 of 11
ATTACHMENT "A"
A.l - Percent Share Calculation Table
A.2 - Canals and Drainage Areas Map
ATTACHMENT "A.1"
CITY OF MIAMI GARDENS
CANAL DRAINAGE AREAS % SHARE TABLE
CANAL
DRAINAGE AREAS SQ MILE
% SHARE
RED ROAD CANAL
& CANALS "B" (B, 131)
1. Miami Gardens
0.11
20/6
2. Hialeah
3.53 (1.71 +1.04 +0,55 +0.23)
50%
3. Miami -Dade County
2.95 (0.19 +0.22 +2.31 +0.23)
42%
4. Miami Lakes
0.42 (0.21 +0.21)
6%
PALM CANAL
100%
NW 27 AVENUE CANAL
1. Miami Gardens
0.05
45%
2. Miami -Dade County
0.06
55%
CANAL, LAKE FULLY ENCLOSED
% SHARE
CAROL CITY CANALS "A " (A, A2, A2A, A3, A4)
100%
& CANALS "B" (B, 131)
ANDOVER EAST CANAL
100 0
ANDOVER WEST CANAL
100%
CALDER CANAL
100%
LAKE LUCERNE CANAL
MARCO CANAL
100 %.
NORTH DADE GOLF CANAL
100%
NW 17 AVENUE CANAL
100%
NW 27 AVENUE CANAL
100%
REAL SITE CANAL
r 100%
SCOTT LAKE
100%
ATTACHMENT "A-21'
MIAMII• CITY OF MIAMI GARDENS
CANALS AND DRAINAGE AREAS
I — FO 43 1 mHes
NW 202ND ST
�O� k TED ,,,
0'
IAMI-DA I E
z ; I 2 31 sq ml�s mwi ST ST
N 1867 ST
0.26 sq miles
OR
0.38 st
0.21 sq miles _T
0.11 sq moo
MIAMI LAKE
MA' 10.22 sq rnllos V
0.21 sq miles s
MIAMI LWE YS
NIN RPORA
IAMI-DADS
'Al
kW 76TH ST I HSTIt I
MW 287T", Sr
\100
4oif CA
202RD sr 43
q miss k.
ST
2.97 miles
G�RD'11 NS ST
1 8T
. ..... .... .. .
0.74 aq milts 195 FIJ .,,Il1gT.5T
T
TED
UNIN o,,ORP TED
IC
Nwt
tST ST MIAMI-DAI
NW RD
V 143RD ST
139TH ST
PA-LOCKA i a OPA lLMKA aVD
NW 136TH FIT
NwlzrtHST NORTH MIAMI
0.19 sq Inil86 I i197H St
HSI E65THST
W BOTH SIT
UNIN,CORIPO ATE
MIAMI-D DIE
sq miles
a E 49TH ST
OWN
0TH PL 40TH ST. UNINCORPORATED
Z MIAMI-DADE
1.71 sq mites
1.o4 sq miles PORTAL
20TH S r -33 ST
W33RD 57 HIA LEAH W.V a I wr
W
a E 2,�,Iti ST I
W 2wo ST
MEDL tR 934 W21STS E 213T*T
T
AI Si 4�T N Legend
W 16 iST W17 SIT c tTr --I Drainage Area Bmindaries
Q
Canals
A SPRINGS W9THS(, FSTHST
0 1 2
ORIOLE AVE
FILES: MiarniGwdeminxIJ 7 MiamiGarden_20116.pdf DATE: 2/08/2016 BY: MV
ATTACHMENT "B"
Five (S) Year Cost Share Table
(see attachment)
ATTACHMENT "B"
CITY OF MIAMI GARDENS
Canal Maintenance Estimated Costs (FY 2016/17 - 2020/21)
Culvert Cleaninq - Above Water
Canal
Cycles per Year
Municipality's
1
2
3
3
% Share
Cost
Cost
ANDOVER EAST
$0
$0
$0
$4,500
100
$0
ANDOVER WEST
$0
$0
$0
$4 ,800
100
$0
CAROL CITY A
$0
$0
$0
$3,600
100
$0
CAROL CITY A2
$0
$0
$0
$1,200
100
$0
CAROL CITY A2A
$0
$0
$0,
$1200
100
$0
CAROL CITY A3
$0
$0
TJ000.
j' a
Y.-
100
$0
CAROL CITY A4
$0
$0
$0
0:,
100
$0
CAROL CITY 8
$0
$0
$0
$2,700
100
$0
LAKE LUCERNE
$0
$0
$0
. . ....... ..
100
$0
MARCO
$0
$0
$o
. .
100
$0
• N, DADE GOLF
$0
$0
$0
$4,800
100
$0
• N.W. 17 AVE.
$0
$0
$o
$5,100
100
$0
• N. W. 27 AVE.
$0
$0
$0
$12,900
100
$0
RED ROAD
$4,500
$9,000
$13,500
1.8
2
$360
sub-total
$4,5001
$9,0001
$13,5001
maim
.1
$ 360
City's Annual Cost at Selected Level of Service (4 cycles)
Culvert Cleaning - Below Water
Canal
Cycles
per Year
Municipality's
1
2
3
7-77
% Share
Cost
ANDOVER EAST
$1,500
0
$4,500
$0
100
$3,000
ANDOVER WEST
$1,600
2".. Q.
$4 ,800
$0
100
$3,200
CAROL CITY A
$1.200
$5,000
$3,600
$0
100
$2,400
CAROL CITY A2
$400
3,000
$1,200
$0
100
$800
CAROL CITY A3
$400
$7,600
$1200
$0
100
$800
CAROL CITY A4
$500
TJ000.
$1,500
$0
100
$1,000
CAROL CITY B
$500
- M .
$1,500
$0
100
$1.000
LAKE LUCERNE
$900
$5,000
$2,700
$0
100
$1,800
MARCO
$1,40 0
00
$4,200
$0
100
$2,800
N.W. 17 AVE,
$1,800
$138,000
$5,400
$0
100
$3,600
N. W. 27 AVE.
$1,600
$4,800
$0
100
$3,200
REAL SITE
$1,700
$5,100
$0
100
$3,400
RED ROAD
$4,300
$0
$12,900
2 I
$34
sub -total
$17,600,
, -:§ 00,01
$53,400
$ 27,344
City's Annual Cost at Selected Level of Service (2 & 4 cycles)
Mechanical Harvestinq (submeraed, emeraent, and bank areas treated)
Canal
Cycles
per Year
Municipality's
1
2
7-77
Sha
% re
Cost
CAROL CITY A
$22,000
$44,000
$0
RUMP
100
$88,000
CAROL CITY A2
$3,700
$7,400
-41.4-
$0
100
$11,100
CAROLCITYA2A
$2,500
$5,000
$0
100
$7,500
CAROL CITY A3
$1,5 00
3,000
�--q, g
$0
100
$4.500
CAROL CITY A4
$3,800
$7,600
Y
$0
100
$11,400
CAROL CITY 8
$6,500
$13,000
so
-,-4-
100
$26,000
CAROL CITY 131
$2,000
$4,000
$0
100
$6,000
REAL SITE
$2,500
$5,000
o
r.7�
100
$10,000
RED ROAD'
$24,500,
$49,000
$0
2
$1,960
sub -total
1 $69,0001
$138,000
0
$,4 5.W
-�? -N.;' m
F" $ =
166,4601
City's Annual Cost at Selected Level of Service (3 & 4 cycles)
ATTACHMENT "B"
CITY OF MIAMI GARDENS
Canal Maintenance Estimated Costs (FY 2016/17 - 2020/21)
Herbicide Treatment (submerged, emergent, and bank areas treated)
City's Annual Cost at Selected Level of Service (4 cycles) I
Mowing - Slope
Cycles per Year
Municipality's
Canal
1
2
3
}
% Share
Cost
ANDOVER EAST
$2,500
$5,000
$7,500
$110t
100
$10,000
ANDOVER WEST
$2,200
$4,400
$6,600
l#`8
100
$8,800
CALDER
$900
$1,800
$2,7000,
[ $Q.
100
$3,600
CAROL CITY A
$10,500
$21,000
$31,500$4tD
i:wn: "' "'"
100
$42,000
CAROL CITY A2
$1,900
$3,800
$5,700
,. ,>
100
$7,600
CAROL CITY A2A
$650
$1,300
$1,950
F A.
100
$2,600
CAROL CITY A3
$1,000
$2,000
$3,000
Y Q
100
$4,000
CAROLCITYA4
$1,200
$2,400
$3,600
, ,1,.OQ
100
$4,800"
CAROL CITY 8
$4,500
$9,000
$13,500
t $1q
1
$18,000
CAROL CITY 81
$1,700
$3,400
$5,100
4
$Ql)
100
$6,800
LAKELUCERNE
$1,000
$2,000
$3,000~
`'; v:. °° Q
w...... ,,,.
100
$4,000
MARCO
$2,700
$5,400
$8,100'
-$3:E1
100
$10,800
N.DADEGOLF
$3,400
$6,800
$10,200,'
=1
100
$13,600
N_W.17AVE.
$2,800
$5,600
$8,400
,$'�,j
100
$11,200
N. W. 27 AVE.
$2,800
$5,600
$8,400-
'.iT"Q
100
$11,200
PALM
$2,000
$4,000
$6,000
$
45
$3,600
REAL SITE
$850
$1,700
$25501-
° �0
100
$3,400
RFD ROAD
$15,000
$30,000
$45,000
`.B.Q.f
2
$1,200
SCOTTLAKE
$1,600
$3,200
$4,800,,._.
-t:;
100
$6,400
sub -total
$59,200
$118,400
$177,600
2348t)t?
$ 173,600
City's Annual Cost at Selected Level of Service (4 cycles) I
Mowing - Slope
City's Annual Cost at Selected Level of Service (4 cycles) 14724- 1
Mowina - Fiat
V
Cycles per Year
Municipality's
Canal
1
2
3
3
% Share
Cost
* CAROL CITYA
$0
$0
$01
$Q
100
$0
' CAROL CITY A2
$0
$0
$0
m - ; $t)
100
$0
CAROL CITY A2A
$0
$0
$0
[ $Q.
100
$0
CAROL CITY A3
$0
$0
$0
i:wn: "' "'"
100
$0
` CAROL CITY A4
$0
$0
$t)
$ o
100
$O
CAROL CITY B
$0
$0
$0
"`v,":'
100
$0
" CAROL CITY B7
$0
$0
$0
.Y g
100
$0
• LAKE LUCERNE
$0
$0
$0
- -_r.-�
100
$0
• NW 17 AVE
$0
$0
$01
=' 0
100
$0
• NW 27 AVE
$0
$0
$0
$1,500
100
$0
PALM
$900
$1,800
$2,70Q
`'; v:. °° Q
w...... ,,,.
45
$1,620
RED ROAD
$3,500
$7,000
$10,500'
-$3:E1
2
$ 280
sub -total
$4,400
8,800
$8,8001-
$13,200
9 < Q.
$ 1,900
City's Annual Cost at Selected Level of Service (4 cycles) 14724- 1
Mowina - Fiat
V
Cycles
per Year
Municipality's
Canal
1
2
3
` n:
% Share
Cost
• CAROL CITY A
$0
$0
$0
"y`':?^" -_�.
100
$0
• CAROL CITY A2
$0
$0
$0`„
aw =r =$t
100
$0
CAROL CITY A2A
$0
$0
$0
z •,
r '_ =-
7%- �
100
$0
"CAROL CITY A3
$0
$0
$0
100
$0
•
CAROL CITY A4
$0
$o
$ o
<i
100
$0
"CAROL CITY B
$O
$0
$0
" rk ~'.
100
$O
* LAKE LUCERNE
$0
$0
$0
100
$0
NW 17 AVE
$0
$0
$0
'_'';` "" s'r0.
100
$0
PALM
$600
$1,200
$1,800}Q0:
45
$1,080
RED ROAD
$5001
$1,0001
$1,500
2
$40
sub -total
$1,1001
$2,2001
$3,300=:;
;'...``._;...`D
$1,120
City's Annual Cost at Selected Level of Service (4 cycles) 11 ,.12_.
ATTACHMENT "B"
CITY OF MIAMI GARDENS
Canal Maintenance Estimated Costs (FY 2016/17 - 20201211
Obstruction Removal 1 Preventative Mitigation I Emergency Repair (contingency)
Canal
Cycles
per Year
I Municipality's
2
3
4
% Share
Cost
17 CANALS
$51,000
$76,500
$102,000
100
$25,500
PALM
a.�:QO%i
$2,000
$3,000
$4,000
45
$450
RED ROAD
$4,000
$6,000
$8,000
2
$40
sub -total
2$atl.4
$57,000
$85,500
$114,000
$ 25,990
City's Annual Cost at Selected Level of Service (1 cycle)
TOTAL ANNUAL COST $612,000
MDC STORMWATER UTILITY ANNUAL COST $215,226
MDC STORMWATER UTILITY 5 -YEAR COST $1,076,130
MIAMI GARDENS MAXIMUM ANNUAL COST $396,774
MIAMI GARDENS MAXIMUM 5 -YEAR COST $1,983,870
Notes: Estimates based on recent actual expenditures
" To be performed by the City within the Citys boundaries and at no cost to the County
+ Obstruction Removal to be performed as needed, and may include such tasks as Dead Animal Reoval, Cut Vegetation, Debris
Removal by Hand, and Clean Trash Interceptors. Does not Include aesthetic clearing such as minor debris and litter removal.
Preventative Mitigallon 1 Emergency Repair requires Citys written approval of cost -share estimate prior to performance of any such
work (e.g. canal bank stabilization, headwall repair, culvert blockage after a storm) in order to Invoice the City.
Costs are not to exceed the total annual amounts unless modified in accordance with Article V, Paragraph D
Level of Service and cost estimates based on FY2012 to 2015 expenditures