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2016-104-3003 - 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 NW 203RD ST W N 203R TE ?02ND ST NW 199TH ST j( 1.01 sq miles 10.85 sq miles], �i r j ' O TED - IAMI -DA E W196THTE � L�!_ _t Q IZE ID Q U LC f z NW 191ST ST !N Im NV 1 sq miles NW 19 ,ST ST `� �'.- �� 1= 2.97 sq mile __�- Z CA L (B-i) O �< s Q m Q m REA ¢ 3.06 S miles NW 183RD S q W MIAMI GARDENS ° 0 26 sq miles c NAL __. _ . _ _ ___._ - __ �o LU D 3.05 sq miles z Q i i #� CA 0L CITY _ __.._.m.___ TA AROL /TY a CANAL (A-3) ho ��F NW 1 HST 0 _ -fpm <J ANAL W 3 DR 1z N SR 826 EXT ' 0.38 sq miles r" li NW 161ST ST ! NW 160TH ST ^ 0.74 sq miles 95 RAMP I miles % 0.11 sq miles 3 �{ NW 156TH ST z ►ES _.__ UNINCI NW 151ST ST NW m 0.22 sq miles Mill JANN AVE q miles NW 145TH ST i . _ N o I < w NIN RPORATD NW, 39TH ST ` IAMI -DADE OPA -LOCKA I OPALOCKAB+ NW 135TH S > &_ 44 z JCOS' Z j H ST A O 1 W 127 NTH ST NORTH MI :q miles m 0.19 sq miles t Y NW 119TH ST T _... W6 ST E 65TH ST G¢pj( GN UNINCOR ATE �_ MIAMI -D E -- Z 0.55 sq miles �m RD ST _ I 4w 103RD ST )TH T E 49TH ST�. — viT TH PL _ .... < a F M = o NW 95T M "' _UNINCORPORATED - -� ! 0TH PL _ 40TH STw , ._ I MIAMI -DADE m 11.71 sq miles 1 z 1.04 sq miles I Ig - �+ NW 87TH ST NW 8 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: 2of11 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. 3 of 11 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. 4of11 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. 5of11 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. 6of11 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. 7of11 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. 8ofII 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 9 ofII 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