HomeMy Public PortalAbout12-10 Agreement with MDC for Stormwater Utility 1st Reading: April 11, 2012
2nd Reading/Public Hearing: May 09, 2012
Adopted: May 09, 2012
Effective Date: May 10, 2012
Sponsored By: City Manager
ORDINANCE NO. 12-10
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA; AUTHORIZING THE CITY
MANAGER TO RENEW, 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, COMMENCING
OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2014, IN AN
AMOUNT NOT TO EXCEED THREE HUNDRED FORTY-SIX
THOUSAND THREE HUNDRED TWENTY-TWO DOLLARS
($346,322) ANNUALLY, PAYABLE FROM ACCOUNT 43-
538340; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
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 interlocal agreement parameters are to maintain and repair shared
stormwater systems including maintenance of canals and any required maintenance of flow
control structures and stormwater pump stations.
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
1
Ordinance No. 12-10
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 party; and
WHEREAS, the City's current agreement for stormwater management with Miami-Dade
County, adopted as Ordinance 10-18, expires on September 30, 2012, and the new two (2) year
Agreement will commence October 1, 2012 through September 30, 2014; and
WHEREAS, the City Commission of the City of Opa-locka("City Commission") desires
to enter into a renewed 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;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA,AS FOLLOWS:
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.
2
Ordinance No. 12-10
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 ($346,322) annually, as 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 9th day of May, 2012.
/
MY t TAYLOR
MAYOR
3
Ordinance No. 12-10
• test to:
J.,.nna Flores
I terim City Clerk
Appr.ved as to .rm and legal suff 'ency:
btA 4 ..AAA
J.s-.h (f l er
•
i , Atto 'ey
Moved by: VICE MAYS ' JOHNSON
Seconded by: COMMISSIONER MILLER
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
4
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SnvINGG S:U,N
CITY OF OPA—LOCKA,FLORIDA Take interest
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, Florida in our CD specials.
will hold a public hearing at its Regular Commission Meeting on Wednesday, May
09, 2012 at 7:00 p.m. at the Opa-locka Municipal Complex, 780 Fisherman Street,
2nd Floor, Opa-locka, Florida to consider the following ordinance for final adoption: *23-Month CD Special* e32-Month CD Special•
SECOND READING E(IDNNANHE CITY °A 1.35 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
AUTHORIZING THE CRY MANAGER TO RENEW,ENTER INTO AND EXECUTE A TWO YEAR
1.05
INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY STORMWATER UTILITY FOR
CONTRACT SERVICES PERTAINING TO STORMWATER MANAGEMENT AND MAINTENANCE OF Imo MINIMUM $500 MINIMUM
SHARED STORMWATER DRAINAGE SYSTEMS,COMMENCING OCTOBER 1,2012 THROUGH
SEPTEMBER 30, 2014, IN AN AMOUNT NOT OT EXCEED THREE HUNDRED FORTY-SIX Strong.Stable.Safe.
THOUSAND THREE HUNDRED TWENTY-TWO DOLLARS($346,322.00)ANNUALLY,PAYABLE Call or visit one of our convenient locations.Open Saturdays.
FROM ACCOUNT 43-538340;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING Coral Springs(954)340-4032
FOR CONFLICT AND REPEALER: PROVIDING FOR SEVERABILITY; PROVIDING FOR AN Plantation(954)472-6039
EFFECTIVE DATE(first reading held on April 11,2012). Pembroke Pines(954)430-6059
''
Additional Information on the above item may be obtained in the Office of the City Clerk,780 Hallandale(954)457-2488
Fisherman Street,4th Floor,Opa-locka,Florida.All interested persons are encouraged to attend xe,nne,
this meeting and will be heard with respect to the public hearing. -�` FDIC third f e d e r a I.c o m ,,,,�,
PURSUANT TO FS 285.7105:Anyone who desires to appeal any decision made by any board,agency,or
commission with respect to any matter considered at such meeting or hearing will need a record of ' "Save smart with Third Federal."
the proceedings,and for that reason,may need to ensure that a verbatim record of the proceedings /:. E
Is made,which record includes the testimony and evidence upon which the appeal may be based. 0 "`'
JOANNA FLORES,CMC Cr*xn s l4(CE O
of ThnC C,.,I,:d
MNTERIM CITY CLERK •0 nua1 Peres.,vela Inn[is aca,ole es of doe of pulimotion Minimum aepo,n of$500 a open and awn e,ned AFY.Ogoses over 51,000,000,a>p,0 le renew
(Dssub,.se p, ,In early%iadnv.ul.Pees.ban ro,hnne at any lime.Funds m,uned avndi g n RAC.mw,wae req.se,nem.s,2012-hind Fedesel.
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City of Opa-Locka
Agenda Cover Memo
Commission Meeting 4/11/2012 Item Type: Resolution Ordinance Other
Date: X
(EnterXin box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(EnterXin box) Yes No (EnterXin box)
x Public Hearing: Yes No Yes No
(Enter X in box) x x
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
Account# 43-538340, Storm (Enter X in box)
Water Mgmnt. X
Contract/P.O.Required: Yes No RFP/RFQ/Bid#:
(EnterXin box) N/A
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the
(Enter X in box) specific objective/strategy this item will address)
X Enhance Organizational fl
Bus.&Economic Dev 0 1. Help maintain canal.
Public Safety IN 2. Help flood management
Quality of Education D 3. Help MS4 permit Comliance
Qual.of Life&City Image D with the State of Florida.
Communcation D
Sponsor Name City Manager Department: Public Works
Short Title:
Interlocal Agreement for Stormwater Management with Miami-Dade County
Staff Summary:
The purpose of the agenda is to renew the current interlocal agreement with Miami Dade Stormwater Utility for
shared stormwater management for a period of two(2) years commencing on october 1, 2012 and ending on
september 30, 2014. The interlocal agreement defines the parameters to maintain and repair shared stormwater
systems including maintenance of canals, and any required maintenance of flow control structures and
stormwater pump stations within the City limits.
Proposed Action:
Staff recommends approval in order to be compliant with all applicable regulations pertaining to stormwater
management and MS4 permit.
Attachment:
1. Ordinance 10-18
2. Interlocal Agreement
3. Agreement Ending September 30, 2012
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MEMORANDUM
TO: Mayor Myra L.Taylor
Vice-Mayor Dorothy Johnson
Commissioner Timothy Holmes
Commissioner Rose Tydus
Commissioner 'filler
FROM: Bryan K.Finnie, Cit ager
DATE: March 29,20
RE: Interlo al Agreement for Stormwater Management with Miami-Dade County
Request: APPROVAL OF AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER
INTO AN INTERLOCAL AGREEMENT WITH MIAMI DADE STORMWATER UTILITY FOR
SHARED STORMWATER MANAGEMENT BETWEEN THE CITY OF OPA-LOCAK AND
MIAMI-DADE COUNTY FOR A PERIOD OF TWO(2) YEARS COMMENCING ON OCTOBER 1,
2012 AND ENDING ON SEPTEMBER 30,2014.
Description: The current agreement for stormwater management with Miami-Dade County will expire on
September 30, 2012. The new two(2) year agreement will commence on October 1, 2012, and will expire on
September 30, 2014. The interlocal agreement defines the parameters to maintain and repair shared
stormwater systems including maintenance of canals, and any required maintenance of flow control
structures and stormwater pump stations within the City limits.
Financial Impact: The total estimated cost of the agreement remains the same, $453,603, of which the
Miami-Dade County is responsible for$107,280 annually. The City's annual cost remains the same, and will
not exceed $346,322.
Account Number: 43-538340
Implementation Time Line: On execution of the agreement, Miami Dade Transit will present to the
County Board of Commissioners for approval. The agreement will be effective from Oct 1, 2012 to Sep 30,
2014.
Legislative History: Ordinance 10-18
Recommendation(s):
Staff recommends approval in order to be compliant with all applicable regulations pertaining to stormwater
management and MS4 permit.
MDC Stormwater Management Agreement 1
Analysis: The agreement is for the renewal of the current interlocal agreement for shared stormwater
maintenance and repair. The compliance with the terms, conditions and scope of the agreement will protect
and promote public health, safety, and general welfare through the management of stormwater runoff.
ATTACHMENT(S):
1) Interlocal Agreement
2) Ordinance 10-18
3) Agreement Ending September 30, 2012
PREPARED BY: Mohammad Nasir,PE,Interim Public Works Director
END OF MEMORANDUM
MDC Stormwater Management Agreement 2
MIAMI-DADE COUNTY, FLORIDA
MIAMI
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
701 NORTHWEST FIRST COURT, SUITE 400
MIAMI, FL 33136
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 Council of the City of
Opa-locka, Florida [hereinafter sometimes referred to as "CITY",] is entered into as follows:
W ITNES SETH
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:
2 of 11
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.
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 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 I 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.
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.
4 of 11
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, 2012 and ending on September 30, 2014, 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.
C. Commencing with fiscal year 2012-2013, 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
5 of 11
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 with prior notice to the CITY 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 prior written approval by both parties' Project Managers must be obtained. However,
the total two-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 Chief of Miami-
Dade County Public Works and Waste Management Department's Road, Bridge, Canal, and
Mosquito Control 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.
8 of 11
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.
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 of 11
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$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.
10 of 11
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: Mr. Brian K. Finnic, 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
STORM WATER 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
11 of 11
ATTACHMENT "A"
A.1 - Percent Share Calculation Table
A.2 - Canals and Drainage Basins Map
ATTACHMENT "A.1"
CITY OF OPA-LOCKA
CANAL DRAINAGE AREAS and%SHARE
TOTAL
CANAL AREA(SQ MILES) SUB-AREAS % SHARE
BURLINGTON CANAL(NW 22 Ct.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%
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ATTACHMENT "B"
Two (2) Year Cost Share Table
(see attached exhibit)
ATTACHMENT"B"
CITY OF OPA-LOCKA
Canal Maintenance Estimated Costs(FY 2012/13 to 2013/14)
Selected Level of Service Shown Shaded
Culvert Cleaning-Above Water
Cycles per Year Municipality
Canal Name 1 2 3` 4 %Share Cost
Burlington (from NW 22 Ct 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 NW 27 Ave to 47 Ave) $1,000 $2,000 $3,000 $4,000 100 $4,000
127 Street(from NW 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 Cost at Current Level of Service(4 cycles) $8,048
Culvert Cleaning -Below Water
Cycles per Year Municipality•
Canal Name 1 2 3 4 %Share r Cost _
Burlington (from NW 22 Ct 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 NW 27 Ave to 47 Ave) $2,400, $4,800 $7,200 $9,600 100 $2,400
127 Street(from NW 27 Ave to 45 Ave) $1,920 $3,840 $5,760 $7,680 67 $1,286
sub-total $6240 $12,480 $18,720 $24,960 $4,829
City Cost at Current Level of Service(1 cycle) 1, $4,8291
Mechanical Harvesting (submerged, emergent, and bank acres treated)
Cycles per Year Municipality
Canal Name 1 2 3 4 %Share Cost
`
Burlington (from NW 22 Ct 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 NW 27 Ave to 47 Ave) $40,800 $81,600 $122,400 $163,200 100 $122,400
.127 Street(from NW 27 Ave to 45 Ave) $39,900 $79,800 $119,700 $159,600 67 $80,199
sub-total $110,052 $220,105 $330,157 $440,209 $252,165
City Cost at Current Level of Service(3 cycles) $252,165
Chemical/Herbicide Treatment(submerged, emergent, and bank acres treated)
Cycles per Year Municipality
Canal Name 1 2 3' 4 %Share Cost
Burlington (from NW 22 Ct 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 NW 27 Ave to 47 Ave) $7,800 $15,600 $23,400 $31,200 100 $31,200
127 Street(from NW 27 Ave to 45 Ave) $7,760 $15,520 $23,280 , $31 i040` 67 $20,797
sub-total $21,318 $42,637 $63,955 $85274 $65,008
City Cost at Current Level of Service(4 cycles) 1: ' $65,008]
ATTACHMENT"B"
CITY OF OPA-LOCKA
Canal Maintenance Estimated Costs(FY 2012/13 to 2013/14)
Mowing - Flat
Canal Name Cycles per Year Municipality
1 2 3 4 %Share Cost
Burlington (from NW 22 Ct 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 NW 27 Ave to 47 Ave) $624 $1,248 $1,872 $2,496 100 $2,496
127 Street(from NW 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 Cost at Current Level of Service(4 cycles) [ $5,5621
Mowing-Slope
Canal Name Cycles per Year Municipality
1 2 3 4 %Share Cost
Burlington (from NW 22 Ct 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 NW 27 Ave to 47 Ave) $600 $1,200 $1,800 $2,400 100 $2,400
127 Street(from NW 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 Cost at Current Level of Service(4 cycles) $4,276
Obstruction Removal(contingency)
Cycles per Year _ Municipality
Canal Name P Y
1 2 3 4 %Share Cost
Burlington (from NW 22 Ct to 26 Ave) $640 $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 NW 27 Ave to 47 Ave) $1,280 $2,560 $3,840 $5,120 100 $1,280
127 Street(from NW 27 Ave to 45 Ave) $1;280;; $2,560 $3,840 $5,120 67 $858
sub-total ` $5,120 $10,240 $15,360 $20,480_ $3,661
City Cost at Current Level of Service(1 cycle) $3,661
Flood Control Structure Maintenance
Structure Name Cycles per Year Municipality
1 12 26 52 %Share Cost
NW 127 St Canal Structure/Minton Dam $345 $4;140:; $8,970 $17,940 67 $2,774
sub-total $345 $4,1`4Q_ $8,970 $17,940 $2,774
City Cost at Current Level of Service(12 cycles)`;. $2,7741
TOTAL ANNUAL COST I $453,603
MDC STORMWATER UTILITY ANNUAL COST $107,280
MDC STORMWATER UTILITY 2-YEAR COST I $214,561
CITY OF OPA-LOCKA MAXIMUM ANNUAL COST I $346,322 I Annual
CITY OF OPA-LOCKA MAXIMUM 2-YEAR COST 1 $692,644 I 2-Year
Level of service and cost estimates provided by Miami-Dade County Public Works and Waste Management Department
Does not include aesthetic cleaning such as debris or litter removal
1st Reading: Jun 23, 2201(
2"' Reading/Public Bearing: July 14, 22010
Adopted: July 14, 2010
Effective Cate: July 14, 2010
Sponsored By: Cite Manager
ORDINANCE NO. 10-1S
.4N ORDINANCE OF THE CITY COMMISSION OF' THE CITY OF
OPA-I..00KA, FLORIDA; AUTHORIZING THE CITY MANAGER
TO ENTER INTO AND EXECUTE E A TWO-YEAR INTFRLOC'A1.
AGREEMENT A1'TTII I'HF ACI:AAII-D.ADF: (01 NTY
STOR\IAA'ATER UTILITY FOR CONTRACT SERVICES
PERTAINING TO STORAIAA':1TER MANAGEMENT AND
MAINTENANCE OF SHARED STORMAAATER DRAINAGE
SYSTEMS IN AN AMOUNT NOT TO EXCEED THREE HUNDRED
FORTY-SIX `1110USANl) THREE HUNDRED TWENTY-TWO
1)01.1..ARS AND NO CEN'I'' (S346,322.000 ANNL'.0 LY, PAYABLE
F'RO'\1 ACCOUNT 43-538340; PROVIDING FOR (7ONF1_ICT AM)
REPEALER;R; PRO% 11)1%( FOR SES ER:ARILTTY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS. the Water Resource. At of 1972, as set forth in Chap:er 373, florid
Statutes, established and inthorized local '.rater management distrt;ts to manage FHortd.a's rivers,
lakes tnt1 canals: and
WHEREAS, Section 403003.. Florida Statutes authorizes the establishment of
stonttwater utilities to plan, construct. operate and maintain -tonnwater management systems:
and
WHEREAS, the Board of county Commissioners of Miami-Dade Count. did by
adoption of Miami-Dade County Ordinances No, 914-4) and Ordinance No 91-120, as amended
by Ordhnance No 92-44 and 02-M1, create a nit-in;tiat 'r utility !hereinafter referred to as the
'' I'IL_1TY"j and which L1T11_1TY may operate within a municipality or municipalities. and
Ordinance No. 10-I S
WHEREAS, it is the intent of the t Tll.l"11' and the CITY, through this .Affecment, to
establish relation ships and responsibilities for the maintenan.e of shared stormwater system, by
the CITY and the UTILITY; and
WHEREAS, the UTILITY and the CITY recognize that there are operating cost:, as well
as benefits associated with maintaining shared stormwater drainage systems and a desire to share
these costs in proportion w the drainage area, the service provided and the benefits received by
each part; and
WHEREAS, the City Commission of the City oi'Opa-lccka ("City Commission"..! desires
to enter into a Two +2) Year Interlocal Agreement with Miami-Dade County which outlines
respecti.e responsibilities for the maintenance of shared stormwater systems by the City and
Miami-Dade County: and
\VHEREAS. the City Commission has determined that it is in the hest interest of the
citizens and residents of the Cite to approve the authorization and execution of the In:er!oeal
Aarecment bet..een the City and Miami-Dade Counts for stormwalcr 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 Cite' 'Manager: l'he: City (.'on,mi..ion 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 Storrnwatet utility for stunnuatt,r
management and maintenance of shared stormwater systems in an amount not to exceed Thre
Hundred Forty-Six 'Iiho,usand Three Hundred Twent.-two Dollars and nt, cents tSa4ti, 22.00 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 legaity by the City Attorney.
Section 3. Conflict: All ordinances or Code provisions in conflict herewith are
hereby repealed.
Section 4. Severabi lily: If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any 2:our!. of
. ..mipetent Jurisdiction, such portion shall he deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portions of ihis
Ordinance.
Section 5, hifective Date: This Ordinance shall. upon adoption. be codified in the
Citv of Opa-iucka Code of Ordinances and shall become effective as specified by the City of
Opa lock.' Code of Ordinances.
PASSED AND ADOPTED this 14 day al JulY. 2010.
.
/
r L
, ,,
PH L. KELLEY
MAY/OR
Attest: Approved as4o form and legal sufficiency:
f .
;
.... r
,L..
Dekhorah S. Irby ' Yos.: (i S. Geller, Esq.
City Clerk r City A ttornev
t
Ordinance No. 10-1S
Moped by: HOLMES
Seconded by: JOT INS ON
Commission Vote: 5-0
Commissioner Tydus: YES
Commissioner Holmes: YES
Commissioner Johnson: YES
Vice-Mayor Taylor: YES
Mayor Kelley: YES
4 g, :I
Department of Environmental Resources Management
liatt'r Mflagerne U vt5"on
MIAMI 71Y KaNw 1stcoxt. S:e 440
331-3'.,(,1)
AIv it:/, Mayor
;L s; June 16, 2016 miam dade.ga4
Ciarance Patterson.City Manager
City of t)pit-locka
TSO Fisherman Street, 41''Floor
C}pa-io ka, Florida 33054
Re: Renewal of the Sterrnycater Management Interlocal Agreement between the City of
Opa-Iocka and Miami-Dade County tStormwater Flility) for FY 20I0/I I and 2011/I 2
tyaar Mr Patterson-
Please find enclosed for your review, approval, and presentation to ycur City's Comrtsssion,
four copies of the Inter; tal Agreement for Storms rt:;r Management (Agreement) between the
..„ City" of C)pa-been t City) and the Miami-Dade County Stormwater Ltiles tUtitis which
.._.. ,.., ,:,.-; replaces the previous 5-Year agreement suhmitted to the City on March 17, 2010. As requested
by the City's Commission, the enclosed Agreement is for two fiscal years, from October I,
2011'to September 30, 2012. It will replace the current agreement which expires on September
iu, :Ow
Fr.'s +�,i .e<.r..,•,
-"eeee Attachment "A" includes a Canals and Drainage Basin Areas Map, which depicts the areas in
e,,,,nn-,<^ela—eex xuaxe nee' square riles that arc sersicededrained by each canal near or within the City boundaries. The
Percent `hare 1 able, in Attachment Attac
u � t "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 City. This pro-rata
percent is then used in .\ttt chment "B" to determine the asst share for the maintenance of each
canal The i,'.roos are ma\irneim estimated costs, a* the County Dills onl'v for a :',`,1; W06∎'
performed.
Based on our previous discussions, thrt'.t t #! cycles ;if Mechanaaal Harvesting `will he
,,- performed per year.The total annu;il cost of the Agreement is $453,603. of vchtch the 1, tints ;s
responsible for Si 0 ,280 The City` s annual cost will net exceed S_34.6.322, while the City
maximum two-year cost is$692. .
;.�.. Please return to us, three signed copies of the Agreement, and a copy of the City Resolution
<soe> .- ■nahorizing the City Manager to c rater into the Agreement- A fully signed and Weird of County
Commissioners executed Agreement will be returned to you for your records.
Pl. t. contact Randall While of my staff or me at t3t)5� j7?-f�65t,.
<,. Sincerely,
74.-3. s>
Curt I, A. \Villtarns. Manager
Storms titer t'tiles Section
t
, I-uilosure:Two(2? Year keel-local Agreement
Pc. Marina Blanco-Pape, P.1-.., Chief,Water Management Division, DERM
� � d. Randall White, Protect dupery isor. y termwater Utility Section,DER\1
MIAMI-DADE COUNTY, FLORIDA
MAME"
TWO (2) YEAR
INTERLOCAL AGREEMENT
between
THE CITY OF OPA-LOCKA
AND
HE MIAMI-DADE COUNTY STORMWATER LITHAITY
FOR
STORM WATER NIANAGENIENT
NlIAM I-DADE COUNTY
STORMW ATER UrFILITY 1305) 372-6656
DEPAR1 MENT OE ENVIRONMENTAL RESOURCES M.ANAGEMEN'f
701 NORTHWEST FIRST COURT, surrE 400
MIAMI, FL 33136
TWO (2) YEAR
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF OPA-1,OCK A (CITY)
AND
TEW MIAMI-DADE COUNTY STORMW.1TER U.TILITY (UTILITY)
FOR STORMWATER MANAGEMENT
THIS TWO (2) YEAR 1NTERLOCAL 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",1 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",1 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"1, 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 recogni7e that there are operating costs, as well
as benefits, associated with maintaining shared stormwater drainage systems; and
V§TIEREAS, 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 he derived from this Agreement, the parties hereto agree as follows:
2 of I
ARTICLE 1
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 UTILI1Y 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.
Storrnwater 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 thainage s■,stein.
including capital and operating outlays necessary to maintain the level of service established in
the CITY's Stormwater Management Plans.
3 of II
Stonnwater 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 Stemmata 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 hudgeted by the UTILITY in its yearly budget process, which are allocated to
the CITY based on the CITY's relative stormwater nmoff 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
I ITILITY 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 arc considered
reoccurring expenses to sustain yearly stormwater drainage operations.
pital Outlays shall mean expenses budgeted by the CITY and the UTILITY which arc
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 administrati‘e
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.
not, 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, un!ess such acts or omissions are otherwise encompassed by
the definition set forth above.
Nlaintenance 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 1JILFIY 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 (ATVs 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 pros iding for litter and minor debris
removal as needed.
The UTILITY shall maintain, repair and enhance shared stonnwater 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 UTILITN"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 (E) 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
Nlajeure, shall constitute a "CITY event of default". The UTILITY shall not be required to
provide one year prior notice as required under Article fV 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 f011owine
cumulative and independent rights and remedies:
1. The right to declare that this Agreement together with all refits granted to CITY
arc 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, 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
7 of 11
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.
8 of ii
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
conrrol of the work performed in accordance with the terms of this Agreement and of all persons
performing the same, and CITY shall he 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 S100,000, 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
Ann: Clarance Patterson,City Manager
.'' (305) 953-2823
. /
/ Authorized
t /, 4//4
(.----/ -C.. ---.— Auorized signature on behalf
City Cl?rk ate' ate of the City of Opa-locka, Florida.
i
.., ,
BY: t: _11,7. 3„
City Manager Date
MIAMI-DADE COUNTY BOARD OF COUNTY
COMMISSIONERS, FLORIDA AS GOVERNING
BODY OF THE MIAMI-DADE COUNTY
STORMVVA1R CTILIT
By ,1 ) -
.--7/ , itia,t: // 4
Mayor or Mayor's
fr
Date
Designee
Stephen P. Clark Center
1 1 1 N.W. I Street
Miami, Florida 33128
HARVE.Y.KVIN, CLERK
Attesee,0 V 4,',Z;...
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("--
Le:Yu
- D49CIerk,- Date
11 of 11
ATTACHMENT "A"
Drainage Basin Study and Percent Share
(see attached exhibit)
ATTACHMENT "A"
CITY OF OPA-LOCKA
CANAL DRAINAGE AREAS and % SHARE
TOTAL
CANAL AREA(SQ.MILES1 SUB-AREAS % SHARE
BURLINGTON CANAL(NW 22 Ave. to NW 26 Ave.)
1. Opa-locka 0 12 (0 06+0 06) I 100% I
2. Mami-Dade County 0 00 0 0%
SPUR*1 CANAL (Biscayne Canal to NW 27 Ave.1
1.Opa-locka 0 63 (0 214-0 24+0 04.40 06.0 0•:..40 02)
2. Miami-Dade County 0.74 (0 11+C.62+0 01) 54%
OPA-LOCKA CANAL (NW 27 Ave. to NW 47 Ave.)
1. Opa-Iocka 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-iocka 1.02 (0.53+0 49) I 67% I
2. Miami-Dade County 0 50 (0 50) 33%
. .... ....... _
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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)
stTiKteo Le,eict Se-vice Slow)Srodea
Cu'vehl C caning -Aoove Water
Cycles per Year Municipal ty
Canal Name ' •
1 2 3 4 `-'0 Share Cost
Burirtgton Worn N.W. 22 Ave to 26 Ave.) $200 $400 $600 , . $800 '00 $80C
Spar 01 (from Biscayne to NW 27 Ave.) $600 $1,200 $1,800 l $2.400 46 $1,104
Opalocka (from N.W.27 Ave. to 47 Ave 1 51,000 $2,000 S3,000 , $4.000 100 $4,000
127 Street (from N.W. 27 Ave. to 45 Ave.) $800 $1,600 $2,400 i $3,200 67 S2,144
t ,
sub-total S2,600 $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 Municipally
Canal Nate
i..
1 2 3, 4 c/0 Share ' Cost
6...rlington (from N W 22 Ave to 26 Ave i $480 $960 51,440 , Si 920 100 $480
Sour 01 (from Biscayne to NW 27 Ave.) $1,440 $2,880 $4,320 ' $5,760 46 5662
Opa-locka (from N.W. 27 Ave. to 47 Ave.) $2,400 $4,800 $7,200 1 $9,600 100 $2,400
127 Street',from NW 27 Ave to 45 Ave.) $1,920 $3,840 S5,760 ; $7680, 67 $1,286
sub-total, $6,240, $12.480 $18.720 S24,960 $4,829
citys Cost at Current Level of Service $4,829
Mti;hanical Harvesting ksunmerged, erner ent. and bank acres treated)
Cycies per Year Municipally
Cana; Name 1 21 31 Z' °0 Shiarei Cost
Burtrigtort (frorr NW 22 Ave. in 26 Ave.) $5,592 $11.185 r $16.777 1 $22369 100 $16,777
Su' 01 (from Biscayne tO NW 27 Ave.) $23,760 $47.520 $71,280 1 595.040 46 $32789
Opa-oc.ka ifrom N.W 27 Ave to 47 Ave ) $40,600 $81600 $122,400 1 $163.200 100 5122,400
727 Street (from N.W. 27 Ave. to 45 Ave ) $41,280 $82560 $123,840 $165,120 67 S2973
stbtotaiI S111 432. 5222,8651 '$334,297. $445,729 $254,938
City's Cost at Current Level of Service S254,938
_Chemical:Herbicido Treatment (submerged emergent and bank acres treated)
Cycles per Year MuniciRal
Canal Name
1 2 3 4 ''D Share I Cost
Bu-lingtor (trot-, N W. 22 Ave to 26 Ave ) $1.118 $2,237 . $3,355 $4,474 100 ! $4.474
Spur 01 (from Biscayne to NW 27 Ave.) $4,640 59,280 $13.920 ,,_, $18,560 46 ; $8,538
Opa-iocKaltrom N.W. 27 Ave to 47 Ave.) $7,800 $15,600 $23,400 $31,200 100 $3, 200
, , i,
127 Street (frcrr, NW. 27 Aide. tc 45 Ave ) $7,760 , $15,520 , $23,280 ' $31,040 67 1 520,797
si)t_i'tota, 527,3181 $42,637. $63,955 1;1$85,274_ , 565 008'
City's Cost at Current Level of Service $85008
. .
ATTACHMENT "B"
CITY OF OPA-LOCKA
Canal Maintenance Estimated Costs(FY 2010/11 to 2011/12)
Mow ng - Flat
Cana( Name
Cyc es per Year Mut-)cipaitty
,
1 2 31 4 hare Cost
Buriingtcn (from N W. 22 Ave. to 26 Ave.■ $0 i $0 $0 ' $0 100 $0
Spur#1 (from Bscayne to NW 27 Ave.) $0 $0 $0 ' $O 48 50
Opa-locka (from N W 27 Ave to 47 Ave.) S624 $1,248 $1.872 $2,496 I DO $2,496
127 Street (from N.W. 27 Ave 10 45 Ave f $1,144 I $2288 , 53 432 $4,576, 67 $3,066
_
s ib.to*.a1, S1,768 $3,536_ S5,304 - $7,072_ $5.562
City's Cost at Current Level of Service 1 $5,5621
Ycy.virg - Slope
Cyc es per Year Mun cipiality
Canal Name - '- --
.
2 3 4 3'. Share Cost
Burl ngton (from N.W 22 Ave to 26 Ave.) $0 , $0 $0 $0 100 $0
Spur 41 (from Biscayne to NW 27 Ave.) $0 $0 $0 $0 46 SO
Opa-ooka (from N.W. 27 Ave. 10 47 Ave ( $600 $1,200 $1.800 ` $2,400 100 $2,430
127 Street (from NW 27 Ave tc 45 Ave.) $700 $1,400 $2.100 $2,800 67 i $1,876
suo-tctal $1,300 $2.6001- $3,900 - $5,200 1 $4 276
,
City's Cost at Current Level of Service [ $42761
Obstrurtion Removal (contingency)
____C4
1 o es per Year Hamel ality
Cana, Name _.
- 2 3 4 Share CoS1
Burlington (from N.W 22 Ave to 26 Ave ) LZ.,1 $640 $1,280 $1920 $2,560 100 $640
Spur h 1 (from Biscayne to NW 27 Ave) $1,920 $3,840 $5,760 $7,680 46 5883
i
Opa-1ocKa (from N W.27 Ave. to 47 Ave.) l., $1,280 $2,560 $3,840 $5 120 100 : $1 280
'27 Street (from N.W 27 Ave. to 45 Ave ■ $1,280 S2,560 $3,840 $5,120 67 5858
sub-toial - i $5 120 $10.240 $15 360 $20,480
, $3661
City's Cost at Current Level of Service S.1,6611
TOTAL ANNUAL COST I $453,603
MDC STORMWATER UTILITY ANNUAL COST $107,281
MDC STORMWATER UTILITY 2-YEAR COST I S214,562
CITY OF OPA-LOCKA MAXIMUM ANNUAL COST S348,322 Annual
CITY OF OPA-LOCKA MAXIMUM 2-YEAR COST $692,644 2-Year
anc:-.,Dr Estr-dirs PI eTeded t*,h.4..irr,pace C'xinlY ,•0'.0,..1/436•1 ZgiCarr.The"1
Does''cY id,41e am sthow df-ar rg svd.as Ietms cw nFor*equaa
■:,1 ,,-.›.,),'`I
• Permitting, Environment and Regulatory Affairs
Env,ronmental Services
MAM MADE 701 NW 1st Court,5th Floor
COUNTY Miami,Florida 33136-3912
T 305-372-6529 F 305-372-6425
Carlos A. Gimenez, Mayor
2C i2 MAR -9 P IA: 35 miamidade.gov
March 3, 2012
Mr.Brian Finnie, City Manager
City of Opa-locka
780 Fisherman Street, 4th Floor
Opa-locka, FL 33054
Re: Renewal of the Interlocal Agreement for Stormwater Management between the City of
Opa-locka and Miami-Dade County Stormwater Utility for FY 2012/13 to 2013/14
Dear Mr. Finnie:
Please find enclosed for your review, approval, and presentation to your City's Commission, three
originals of the two-year Interlocal Agreement for Stormwater Management (Agreement) between the
City of Opa-locka and the Miami-Dade County Stormwater Utility. The enclosed Agreement will replace
the current two-year agreement which expires later this year; September 30, 2012. The new two-year
agreement will commence on October 1, 2012,and expire on September 30, 2014.
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 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
annual costs,as the County invoices only for actual work performed.
The total annual estimated cost of the Agreement remains the same, $453,603, of which the Utility is
responsible for $107,280 annually. The City's annual cost also remains the same, and will not exceed
$346,322, while the City's maximum two-year cost remains at $692,644. Maintenance costs for the
recently completed flood control structure (Minton Dam) on the NW 127 Street Canal are now included
in the Agreement. However, in an effort to not increase annual proposed costs, budgeted funds have
been allocated from Mechanical Harvesting on NW 127 Street Canal to cover the maintenance costs
attributed to the flood control structure. To date, maintenance costs of the structure has been borne
solely by Miami-Dade County.
Please return to us, three signed copies of the Agreement, and a copy of the City Resolution 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 Randall White of my staff or me at (305) 372-6656 if you have any questions.
2:)61/1"-erf y,/ tik.cellect tVCrii 2,'\
Mr. Bna n K.F.:in ie
Page 2
Sincerely,
-, 6^ -
Curt LA. Williams, Manager
Stormwater Utility Section
Enclosure: Three OrIginal Two (2) Year Interlocal Agreements
Pc: Marina Blanco-Pape, RE., Chief,Water Management Division, PERA
Randall White, Project Supervisor, Stormwater I tility Section, PERA
ATTACHMENT "A"
A.I - Percent Share Calculation Table
A.2 - Canals and Drainage Basins Map
ATTACHMENT "Al"
CITY OF OPA-LCCKA
CANAL DRAINAGE AREAS ant % SHARE
TOTAL
CANAL AREA(SQ MILES) SUB7APEAS SHARE
BURLINGTON CANAL (NW 22 Ct. to NW 26 Ave.
1, Cpa-locka 0.12 (0,06-0 36) I 100) I
2 Miarn;-Dade County 0 00
SPUR #1 CANAL(Biscayne Canal to NW 27 keel
1 Opa-;o:ka 0 63 ;0 Z1-0 24+004+0':)64C 06+0 02) 46:
2. Miami-Dade County 0 74 (0 11+0 62+0 01)
OPA-LOCKA CANAL (NW 27 Ave. to NW 47 Ave.)
1. Opa-locka 17 {1 14+050;
2. Mario-Dade County 0 00 C C1,*c.
NW 127 STREET CANAL (NW 27 Ave.to NW 47 Ave.)
1 Opa-iocka 1 02 (0 53+0 49) E7'
2 Miarn-Dade County 0 50 (0 53)
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ATTACHMENT "B"
Tv,() i;2) Year Cost Share Table
(see attached exhibit
.1
' ATTACHMENT"B''
CITY OF OPA-LOCKA
Canal Maintenance Estimated Costa(FY 2012/13 to 2013/14)
Stirected Level of Service Shown Shed
C:iir C 'i ) - Arbver Water
Carat Name Cycles per .r'ear !A.1,inhal.ty '
1 2 3 4 *. Snare CDS'.
, . •
B„ri,,,,:do- ttr:rri NW 22 0.1 to 26 Aye) 5200 $40C 5600 $800 100 S800
S:Lir 4 i ;,,orn Biscayre to NW 27 Ave) $600 S1,200 $1 800 S2.400 46 51,104
Cr,..,-Lk * ,Irorn NW 27 Ave to 47 Ave; $1,000 $2.000 . $3 000 $4,000 100 54.000
127 Street (from NW 27 Ave to 45 Ave) $890 1 51 600 52 400 13,200. 67 ' 52 144
sut. tr.-1a $2 6301 55 200 57 800 10,400
i
+
1 S.6 648
City Cost at Current Level of Service (4 cycles) 1 $8,0481
Cu vert Cieary g - Below Water
Cycles LAir Year Muni:if:a ay
Canal Name __I .../........ ,
1 2 31 4 ..-, Share ;est
Biy ,r !Al from NW 22 C o 26 Ave) $480 $963 S' 440 51 920 '00 $480
Sr r-r1 1,from Biscayne tc., NW 27 Ave) $1,440 $2 880 $4,320 55,760 46 5662
CLa-ict...,a itrom NW 27 Ave to 47 Ave $2,400 $4 800 57 230 $9600 100 I 52 400
1..)- Stret (from NW 27 Ave to 45 Aver $1,920 53 840 55 7430 i 57,680 286
4 '
s.it. tutal $6,240, $12,48C1, 5,5 7201 $24.960 1 54 829
City Cost at Current Level of Service(1 cycle) I $4,8291
i t-ir.esting is.,:tmer)ed emer9e11d bank acres treated;
Cycles ver Year Muric pa,i1„
Canal Name 1 2 31 4 ', Shar:r -:■57
r'
B..ri rir1 ;from NW 22 C' tc 26 Ave) $5 592 $11 '85 $16,777 t $22369 100 i '3'6 777
1 Ororn Biscayne to NW 27 Ave $23 760 $47 520 $71,280 I $95 040 46 32 789
OL.,i r.-7,chnitrom NW 27 Ave to 47 4,.e.' S40 803 I $81 600 $122,400 I $163 200 100 $122 400
'27 Street (Iron: NW 27 Ave lc 45 Aei 539.900 i $79 800 $119,700 $159 600 67 580 199
s.,t. h...rtal $11C352 $220,105' 5330,157 $44C209 ' $252.165
City Cost at Current Level of Service(3 cycles) $252.165
Che --1,-,a Herb cide Treat'rent surirner3ed. emergent and tank acres treated)
Cvc,es per Year Mum pa iv_
Canal Name — , -
1 2 3 4 '..., Share Cost
6...r! iton ,from NIX 22 r.,'t tc 26 Ave) $1 116 52 237 53 355 $4,474 130 $4 474
i
ti; ar ill (from Biscayne to NW 27 Avel $4 640 , $9280 $13,920 $18,560 46 1 $8 538
Co-r) k a i turn NW 27 Ave to 47 A,e) 57 803 I $15 600 523,400 531.200 100 $31 200
'27 Street ,1',...).- NV 27 Ave tc 2.!7: ■%Vii•I 5 7 160 $15 .323 S23,2430 $31,040 67 520 797
::,..I..) t.)tal S2' 318 542637, $63 955 $85,274_ . $65 308
City Cost at Current Level of Service(4 cycles) I $65,0081
ATTACHMENT .B
CITY OF OPA-LOCKA
Canal Maintenance Estimated Costs(FY 2012)13 to 2013/14)
l.,loAing - Fiat
Cycies per Year f.lun,cip,a ity
Canal Name — -. 31,- 4 ',--, S,are I 17:5.Dst
B_rl rg;on tom NW 22 C '0 26 Ave; To7"----777.---7c $0 O 100 S7
Sur #1 (from Biscayne to NW 27 Ave' $0 $0 SO $0 48 $D
Oca. 00ka(from NW 27 Ave to 47 Ave.) 3624 31.248 $1,872 $2,496 100 32,496
127 Street tror-1 NW 27 Ave to 45 Aye) $1144 $2286 $3.432 $4,876 87 $3 066
o
sub-Iota: $1,768 $3536 $5304 0,072 I $5,562'
City Cost at Current Level of Service(4 cycles) $5,582
- S ape
CVCIeS pr Year '...4.,6 cl -a :y
Canal Name
1 2, 3 -1 - , Slare ' Cci5t
Bi.r,rgton cfro-n NW 22 Ct to 26 Ave 33 , 50 SC ! $0 100 SD
$4_,, 1 from Biscayne to NW 27 Ave, $0 - SO SC $0 46 $0
Opa-locka 'from NW 27 Ave to 47 Ave) 3600 31 200 51.800 $2,400 100 . $2 400
127 Street (from NW 27 Ave to 45 Ave l $760 1 $1 403 321 $2600 67 I $1 876
sub-total 51,3001 52,600 $3 900 $5,200 1 $4,276
City Cost at Current Level of Service(4 cycles) I $4,2761
Ots.tructior Remova (contingency)
Cyc es pe Yew. ..., Mn ova:t),
Canal Name , _
1 t
- 2
, 4 ",t,S',,irt- C ),-4
Burtirgton tfrcrn NW 22 Ct to 2€ Ave l $640 31 280 31 920 $2 560 10C 3640
Sp,r 41 (from Biscayre to NW 27 Ave! $1,920 $3 8431 $5,760 $7 683 -=6 5883
aia-looKe ,:frrom NW 27 Ave to 47 Ave) $1,280 $2 601 $3 840 ' $5 ,23 100 1 31 280
127 Street(from NW 27 Ave to 45 Ave' $1,280 $2 560 I 53 840 $5 120 67 ! 3558
sub-10101 $5,120i 310246 315 360 520,466 1 33661
City Cost at Current Level of Service(1 cycle) 1 $3,6611
7-,;.:CL1 COlar01 Structure Mainteralce
, C,,,,:;es._ t,,p,..L,L_–_y .,,a Mi...,6,:. pit Iv
Struct,..re Nar-e
121 26. 62
. .
NW 127 St Cana StrJet.ire ; fkitto6 Oa– $345 . $4,140 36 9:0 517 940 57 i 32
sub-totai $345: $4,140 $8 970. $17 - u 5 774
City Cost at Current Level of Service (12 cycles) $2,77.
_
TOTAL ANNUAL COST $453,6 __,03 ,
MDC STORMWATER UTILITY ANNUAL COST I $107,280 '
MDC STORMWATER UTILITY 2-YEAR COST I S214.561 1
CITY OF OPA-LOCKA MAXIMUM ANNUAL COST S346.322 Annual
CITY OF OPA-LOCKA MAXIMUM 2-YEAR COST I S692.644 I 2-Year
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