HomeMy Public PortalAbout10-18 Interlocal Agreement w/MDC for Stormwater Management 1st Reading: June 23, 2010
2"d Reading/Public Hearing: July 14, 2010
Adopted: July 14, 2010
Effective Date: July 14, 2010
Sponsored By: City Manager
ORDINANCE NO. 10-18
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA; AUTHORIZING THE CITY MANAGER
TO ENTER INTO AND EXECUTE A TWO-YEAR INTERLOCAL
AGREEMENT WITH THE MIAMI-DADE COUNTY
STORMWATER UTILITY FOR CONTRACT SERVICES
PERTAINING TO STORMWATER MANAGEMENT AND
MAINTENANCE OF SHARED STORMWATER DRAINAGE
SYSTEMS IN AN AMOUNT NOT TO EXCEED THREE HUNDRED
FORTY-SIX THOUSAND THREE HUNDRED TWENTY-TWO
DOLLARS AND NO CENTS ($346,322.00) ANNUALLY, PAYABLE
FROM ACCOUNT 43-538340; PROVIDING FOR CONFLICT AND
REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Water Resources Act of 1972, as set forth in Chapter 373, Florida
Statutes, established and authorized local water management districts to manage Florida's rivers,
lakes and canals; and
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
Ordinance No. 10-18
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 a desire to share
these costs in proportion to the drainage area, the service provided and the benefits received by
each part; and
WHEREAS,the City Commission of the City of Opa-locka ("City Commission") desires
to enter into a Two (2) Year Interlocal Agreement with Miami-Dade County which outlines
respective responsibilities for the maintenance of shared stormwater systems by the City and
Miami-Dade County; and
WHEREAS, the City Commission has determined that it is in the best interest of the
citizens and residents of the City to approve the authorization and execution of the Interlocal
Agreement between the City and Miami-Dade County for stormwater management;
THE COMMISSION OF THE CITY OF OPA-LOCKA HEREBY ORDAINS:
Section 1. Incorporation of Recitals: The foregoing recitals are hereby ratified and
confirmed as being true, and the same are hereby made a specific part of this Ordinance.
Section 2. Authority of City Manager: The City Commission of the City of Opa-
locka hereby authorizes the City Manager to enter into the Two (2) Year Interlocal Agreement
between the City of Opa-locka and the Miami-Dade County Stormwater utility for stormwater
management and maintenance of shared stormwater systems in an amount not to exceed Three
Hundred Forty-Six Thousand Three Hundred Twenty-two Dollars and no cents ($346,322.00) as
Ordinance No. 10-18
set forth in Exhibit "A", together with such non-material changes as may be acceptable to the
City Manager and approved as to form and legality by the City Attorney.
Section 3. Conflict: All ordinances or Code provisions in conflict herewith are
hereby repealed.
Section 4. Severability: If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portions of this
Ordinance.
Section 5. Effective Date: This Ordinance shall, upon adoption, be codified in the
City of Opa-locka Code of Ordinances and shall become effective as specified by the City of
Opa-locka Code of Ordinances.
PASSED AND ADOPTED this 14 day of July, 2010.
JIS . PHL. LLEY
MAY R
Attest: Approved a o form and legal sufficiency:
1
0
D orah S. Irby _ r,. os:'. S. Geller, Esq.
i y"Clerk ty Attorney
F
Ordinance No. 10-18
Moved by: HOLMES
Seconded by: JOHNSON
Commission Vote: 5-0
Commissioner Tydus: YES
Commissioner Holmes: YES
Commissioner Johnson: YES
Vice-Mayor Taylor: YES
Mayor Kelley: YES
1494990 vi
Department of Environmental Resources Management
MIAMI'�DE NW Management Division
701 N 1st Court, Ste-400
Miami, Florida .33136-
COUNTY T 305-372-6529 Fi 305-372-6425 3912
Carlos Alvarez,Mayor
AD\Coordination June 16, 2010 rniamidade.gov
Agenda Coordination
Art in Public Places Mr. Clarance Patterson, City Manager
Audit and,Management Services City of Opa-locka
Aviatin 780 Fisherman Street,4th Floor
Building Code Compliance Opa-locka,Florida 33054
R ui lciing
Business Development Re: Renewal of the Stormwater Management Interlocal Agreement between the City of
Capital Improvements Opa-locka and Miami-Dade County(Stormwater Utility)for FY 2010/11 and 2011/12
Citizen's Independent Transportation Trust
Communications
Dear Mr. Patterson:
Comm:telby Action Agency
(.omnuinity c Economic f)evelnpment
Community Relations Please find enclosed for your review, approval, and presentation to your City's Commission,
Consumer Srr ices four copies of the Interlocal Agreement for Stormwater Management (Agreement) between the
(rnmctnns\Renanditatirm City of Opa-locka (City) and the Miami-Dade County Stormwater Utility (Utility), which
Cucnto..vide Healthcare Planning replaces the previous 5-Year agreement submitted to the City on March 17, 2010. As requested
C Mural Affairs by the City's Commission, the enclosed Agreement is for two fiscal years, from October 1,
Elections 2010 to September 30, 2012. It will replace the current agreement which expires on September
rmergens Management 30, 2010.
Employer,Relations
Enterprise technology Services Attachment "A" includes a Canals and Drainage Basin Areas Map, which depicts the areas in
Envirunmenlal Resources Management square miles that are serviced/drained by each canal near or within the City boundaries. The
Fair Employment Practices Percent Share Table, also in Attachment "A", uses the square miles of the drainage areas to
Finance compute the pro-rata share of the drainage for each canal for the Utility and City. This pro-rata
Fir`Rescue percent is then used in Attachment "B"to determine the cost share for the maintenance of each
&neral services Administration
canal. These costs are maximum estimated costs, as the County bills only for actual work
Historic Preservation
performed.
I
'reeks,Trust
Housing Agency
Housing Finance Authority Based on our previous discussions, three (3) cycles of Mechanical Harvesting will be
limn„Seryi,ins performed per year. The total annual cost of the Agreement is $453,603, of which the Utility is
independent Review Panel responsible for $107,280. The City's annual cost will not exceed $346,322, while the City's
International Trade Consortium, maximum two-year cost is $692,644.
juvenile Assessment('.corer
Medical Lsaminer Please return to us, three signed copies of the Agreement, and a copy of the City Resolution
'tetrepoiiian Planning organization authorizing the City Manager to enter into the Agreement. A fully signed and Board of County
Park anri Recreation Commissioners executed Agreement will be returned to you for your records.
Planning and Zoning
Police Please contact Randall White of my staff or me at(305) 372-6656.
Procurement Management
Property Appraiser Sincerely,
Puhli<
t
ribrary System •
Public Works
Sate t`eighuorhoud Parks
•
Seaport -
Curt L.A.Williams,Manager r -n
Solid\\'aste Management „_-
Ai.in Business Management Stormwater Utility Section
rJ i t i ••
Team.Metro r.,?
transit Enclosure: Two(2) Year Interlocal Agreement
Urban Revitalization Task Force
Vi7raya Museum and(,arrdens Pc: Marina Blanco-Pape,P.E., Chief,Water Management Division, DERM
Water and Sewer Randall White,Project Supervisor, Stormwater Utility Section,DERM
MIAMI-DADE COUNTY, FLORIDA
MIAMI-DADE
COUNTY
TWO (2) YEAR
INTERLOCAL AGREEMENT
between
THE CITY OF OPA-LOCKA
AND
THE MIAMI-DADE COUNTY STORMWATER UTILITY
FOR
STORMWATER MANAGEMENT
MIAMI-DADE COUNTY
STORMWATER UTILITY (305) 372-6656
DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT
701 NORTHWEST FIRST COURT, SUITE 400
MIAMI, FL 33136
(ft
TWO (2)YEAR
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF OPA-LOCKA(CITY)
AND
THE MIAMI-DADE COUNTY STORMWATER UTILITY (UTILITY)
FOR STORMWATER MANAGEMENT
THIS TWO (2) 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 Opa-locka, a Florida
Municipal Corporation, through its governing body, the Opa-locka City Commission of the City
of Opa-locka, Florida [hereinafter sometimes referred to as "CITY",] is entered into as follows:
WITNESSETH
WHEREAS, Section 403.0893, Florida Statutes (ES.), 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 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
Agreement shall mean this document, including any written amendments, attachments,
and other written documents, which are expressly incorporated by reference.
Stormwater Management Plans 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 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
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 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 litter and minor debris
removal as needed.
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 two (2) years commencing on
October 1, 2010 and ending on September 30, 2012, 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 2010-2011, 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 two (2) 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. 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 prior written 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. The
UTILITY shall reimburse the CITY for any amounts determined to have been overpaid by the
CITY within 30 days after verification of the overpayment by the UTILITY.
F. The CITY and the UTILITY shall maintain financial records for 5 years
pertaining to 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.
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.
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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. The UTILITY may terminate this Agreement immediately after issuing written notice of
default to the CITY.
If a CITY event of default occurs, the UTILITY shall have all of the following
cumulative and independent rights and remedies:
1. The right to declare that this Agreement together with all rights granted to 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 N before terminating this Agreement for
default. The CITY may terminate this Agreement immediately after written notice of default to
the UTILITY.
If a UTILITY event of default occurs, the CITY shall have all of the following
cumulative and independent rights and remedies:
1. The right to declare that this Agreement together with all rights granted to
UTILITY are terminated, effective upon such date as is designated by the CITY.
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
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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
This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained in this
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.
ARTICLE XII
REPRESENTATION OF CITY
The CITY represents that this Agreement has been duly authorized, executed and
delivered by the City Commission of the City of Opa-locka, 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.
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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
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.
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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$100,000, 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 $200,000 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$100,000, or any claim or judgements
or portions thereof, which, when totaled with all other occurrence, exceeds the sum of$200,000
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.
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IN WITNESS THEREOF, the parties hereto through their duly authorized representatives hereby
execute this Agreement.
Attest: CITY OF OPA-LOCKA, FLORIDA
780 Fisherman Street,4th Floor
Opa-locka, FL 33054
Attn: Clarance Patterson, City Manager
(305) 953-2823
Authorized signature on behalf
City Clerk Date of the City of Opa-locka, Florida.
By:
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
Designee
•
Stephen P. Clark Center
111 N.W. 1 Street
Miami, Florida 33128
HARVEY RUVIN,CLERK
Attest:
By:
Deputy Clerk Date
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ATTACHMENT "A"
Drainage Basin Study and Percent Share
(see attached exhibit)
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ATTACHMENT "A"
CITY OF OPA-LOCKA
CANAL DRAINAGE AREAS and%SHARE
TOTAL
CANAL AREA(SQ MILES) SUB-AREAS % SHARE
BURLINGTON CANAL(NW 22 Ave.to NW 26 Ave.)
1. Opa-locka 0.12 (0.06+0.06) 100%
2. Miami-Dade County 0.00 0 0%
SPUR#1 CANAL(Biscayne Canal to NW 27 Ave.)
1. Opa-locka 0.63 (0.21+0.24+0.04+0.06+0.06+0.02) 46%
2. Miami-Dade County 0.74 (0.11+0.62+0.01) 54%
OPA-LOCKA CANAL(NW 27 Ave.to NW 47 Ave.)
1. Opa-locka 1.74 (1.14+0.60) 100%
2. Miami-Dade County 0.00 0 0%
NW 127 STREET CANAL(NW 27 Ave.to NW 47 Ave.) •
1. Opa-locka 1.02 (0.53+0.49) 67%
, 2. Miami-Dade County 0.50 (0.50) 33%
ATTACHMENT `B"
Two (2)Year Cost Share Table
(see attached exhibit)
ATTACHMENT "B"
CITY OF OPA-LOCKA
Canal Maintenance Costs(FY 2010/11 to 2011/12)
Selected Level of Service Shown Shaded
Culvert Cleaning -Above Water
Cycles per Year Municipality
Canal Name 1 2 3 4 %Share Cost
Burlington (from N.W. 22 Ave.to 26 Ave.) $200 $400 $600 $800 100 $800
Spur#1 (from Biscayne to NW 27 Ave.) $600 $1,200 $1,800 $2,400 46 $1,104
Opa-locka (from N.W. 27 Ave. to 47 Ave.) $1,000 $2,000 $3,000 $4,000 100 $4,000
127 Street(from N.W. 27 Ave. to 45 Ave.) $800 $1,600 $2,400 $3,200,` 67 $2,144
sub-total, $2,600 $5,200 $7,800 $10,400 $8,048
City's Cost at Current Level of Service $8,048
Culvert Cleaning -Below Water
Cycles per Year Municipality
Canal Name 1 2 3 4 %Share Cost
Burlington (from N.W. 22 Ave. to 26 Ave.) $480 $960 $1,440 $1,920 100 $480
Spur#1 (from Biscayne to NW 27 Ave.) $1,440 $2,880 $4,320 $5,760 46 $662
Opa-locka(from N.W. 27 Ave. to 47 Ave.) $2,400 $4,800 $7,200 $9,600 100 $2,400
127 Street (from N.W. 27 Ave.to 45 Ave.) $1,920 $3,840 $5,760 $7,680 67 $1,286
sub-total $6,240, $12,480 $18,720 $24,960 $4,829
City's Cost at Current Level of Service $4,829
Mechanical Harvesting (submerged, emergent, and bank acres treated)
Cycles per Year Municipality
Canal Name 1 2 3 4 %Share Cost
Burlington (from N.W. 22 Ave. to 26 Ave.) $5,592 $11,185 $16,777'; $22,369 100 $16,777
Spur#1 (from Biscayne to NW 27 Ave.) $23,760 $47,520 $71,280?;: $95,040 46 $32,789
Opa-locka(from N.W. 27 Ave. to 47 Ave.) $40,800 $81,600 $122,400 $163,200 100 $122,400
127 Street(from N.W. 27 Ave. to 45 Ave.) $41,280 $82,560 $123,840, $165,120 67 $82,973
sub-total, $111,432 $222,865 $334,297 $445,729 $254,938
City's Cost at Current Level of Service I $254,9381
Chemical/Herbicide Treatment(submerged, emergent, and bank acres treated)
Cycles per Year Municipality
Canal Name 1 2 3 4 %Share Cost
Burlington (from N.W. 22 Ave. to 26 Ave.) $1,118 $2,237 $3,355 $4,474 100 $4,474
Spur#1 (from Biscayne to NW 27 Ave.) $4,640 $9,280 $13,920 $18,560 46 $8,538
Opa-locka(from N.W. 27 Ave. to 47 Ave.) $7,800 $15,600 $23,400 $31,200 100 $31,200
127 Street(from N.W. 27 Ave. to 45 Ave.) $7,760 _ $15,520 $23,280 $31,040 67 $20,797
sub-total $21,318 $42,637 $63,955 $85,274 $65,008
City's Cost at Current Level of Service 1 $65,0081
ATTACHMENT "B"
CITY OF OPA-LOCKA
Canal Maintenance Costs(FY 2010/11 to 2011/12)
Mowing - Flat
Cycles per Year Municipality
Canal Name 1 2 3 4 %Share Cost
_
Burlington (from N.W. 22 Ave. to 26 Ave.) $0 $0 $0 $0 100 $0
Spur #1 (from Biscayne to NW 27 Ave.) $0 $0 $0 $0 48 $0
Opa-locka(from N.W. 27 Ave. to 47 Ave.) $624 $1,248 $1,872 $2,496 100 $2,496
127 Street(from N.W. 27 Ave. to 45 Ave.) $1,144 $2,288 $3,432 $4,576 67 $3,066
sub-total $1,768 $3,536 $5,304 $7,072_ $5,562
City's Cost at Current Level of Service $5,562
Mowing - Slope
Cycles per Year Municipality
Canal Name 1 2 3 4 %Share Cost
Burlington (from N.W. 22 Ave. to 26 Ave.) $0 $0 $0 $0 100 $0
Spur#1 (from Biscayne to NW 27 Ave.) $0 $0 $0 $0 46 $0
Opa-locka(from N.W. 27 Ave.to 47 Ave.) $600 $1,200 $1,800 $2,400 100 $2,400
127 Street(from N.W. 27 Ave.to 45 Ave.) $700 $1,400 $2,100 $2,800 67 $1,876
sub-total $1,300 $2,600 $3,900_,.,,, $5,200_ $4,276
City's Cost at Current Level of Service 1 $4,2761
Obstruction Removal (contingency)
Cycles per Year Municipality
Canal Name 1 2 3 4 %Share Cost
Burlington (from N.W. 22 Ave. to 26 Ave.) $640;x: $1,280 $1,920 $2,560 100 $640
Spur#1 (from Biscayne to NW 27 Ave.) $1,920; $3,840 $5,760 $7,680 46 $883
Opa-locka(from N.W. 27 Ave. to 47 Ave.) $1,280ry $2,560 $3,840 $5,120 100 $1,280
127 Street(from N.W. 27 Ave.to 45 Ave.) $1,2807 $2,560 $3,840 $5,120 67 $858
sub-total $5,120 $10,240 $15,360_ $20,480_ $3,661
City's Cost at Current Level of Service I $3,6611
TOTAL ANNUAL COST - $453,603
MDC STORMWATER UTILITY ANNUAL COST $107,280 I
MDC STORMWATER UTILITY 2-YEAR COST $214,561 I
CITY OF OPA-LOCKA MAXIMUM ANNUAL COST I $346,322 I Annual
CITY OF OPA-LOCKA MAXIMUM 2-YEAR COST I $692,644 1 2-Year
Level of service and cost estimates provided by Miami-Dade County Public Works Department
Does not include aesthetic cleaning such as debris or litter removal
6/15/2010