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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 2ND I SUNDAY,APRIL 29,2012 ND MiamiHerald.com I THE MIAMI HERALD REACH US NEIGHBORHOOD NEWS EDITORIAL •MIAMI-DADE much more. sary to access the page. The museum is located ever White House LGBT SWurban Einar The Virtual Open For more information,call at 3280 South Miami Ave., Conference on Aging,a Joan 3305-36-63355 MDC SET TO HOST VIRTUAL OPEN HOUSE House in an electronic 305-237-8888. Miami,FL 33129.The mu- day-long symposium that khri:ws(aMamiHerald.com alternative to traditional .MIAMI-DADE seum is open every day will tackle the unique Editor Learn about hundreds open houses,which are from 10 a.m.until b p.m. needs of the aging LGBT Tere Figueras Negrete of exciting degree and still held at each campus DNA DAY AT MIAMI Admission is free for population.The confer- 305-37S-3556 certificate programs avail- throughout the academic SCIENCE MUSEUM MiaSci members and ence is free of charge and tTigueras@MiamiHerald.corn able at Miami Dade Col- year.The event will pro- The University of Mi- children under 3;students takes place at the Univer- lege(MDC)without leav- vide information about ami and the Miami Sci- (with valid ID),seniors sity of Miami. Hialeah:Christina igac- the comfort of your college + 305-3�6-2029;cveiga@rhami ing yo g programs.admis- ence Museum have (62 )and children 3-12, The event comes at a Herald.com;Et Cveiga on Twitter home or office during the sions,financial aid,schol- teamed up to bring you $10.95;adults are$14.95. time of renewed focus on Youth Sports Fifth Annual Virtual Open arships,and much more. another exciting day of Parking is free, the challenges and vul- sportsscene@Miami lerald.com House,on May 9,from 10 In addition,prospective hands-on activities.Ever nerabilities of a growing •MIAMI-DADE Sdaol News: a.m.to 8 p.m. students will have the wonder what DNA is and LGBT senior population. schnews@@MiamiHeraktcom College representatives, opportunity to communi- what it looks like?What WHITE HOUSE LGBT ool The White House including students and cate via live chat with are genetic traits?How CONFERENCE MAY 7 LGBT Conference on OTHER CONTACTS professors,will be avail- instructors,academic and does DNA help solve The Obama administra- Aging takes place from 9 Advertising able via live chat to dis- financial aid advisors,as crimes?Find out the fun tion is focusing national a.m.to 5 p.m.at the Uni- 305-376-2707 cuss hundreds of pro- well as students,about a way at DNA day! attention on the issues versity of Miami Clinical Back grams leading to bathe- variety of college pro- DNA Day activities are facing lesbian,gay,bisexu- Research Building,1120 3053763719 lor's and associate de- grams and services. free to the public. al and transgender se- NW 14th St.,Miami.Space Srsaber Services: , that lead to To register for the For more information niors. is limited,and reserva- 1-800-THE HERALD in-demand jobs,continu- MDC Virtual Open about the current muse- On May 7,the White tions are required. 1Co3paY 2ks ing education and profes- House,visit um or its future home,the House Office of Public For further information, 305-376-3222 sional development tours- www.mdc.edu/openhouse. Patricia and Phillip Frost Engagement,in partner- or to register online, es,The Honors College, Make sure to write down Museum of Science,visit ship with the University please go to http:// the Miami Culinary In- your username and pass- www miamiariorg or call of Miami Center on Ag- go.usa.gov/mGN or con- stitute,financial aid,and word,as it will be neces- 305-646-4200. ing,will convene the first- tact LGBT@who.eop.gov. I hirdFederal 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. A O 0 h � 0 AAORAt�O 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 Qp:Lock-,, O (0 Ie 0 f��af4` • � r. • o. 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. 6 of 11 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. 7 of 11 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% W W 2ND AT 3Atl ONE .- 11. g' y.�yl1 6 O m �� N Q ay, c ,' W ° 195 EXT3 195 EXPY w �;�rcjt` 195 EXPY 1X5 Q z�■ _ a g ° o m W H o a _ z o o W , QQ o -1 ul 0 5 ? a ° E �` N Q O O W ' 1- OJ Z O N C Z ¢ _Q a 3 • C W U U x 1 2: z 0 : H O r.Z ,3 W I ' . e 4 , iti • 1_ J Z L4. N o bWI° °17� Z z IVNV33AV ii rnIi a 3 _ NWI 7TH AVE _ Z II 16'1 D AVE ol W - 'rr70 COAL ` Z U O NNii) 4 CI Z Q oQ w J MM Z 1- W � a Q W ^ NW 32 a. . NW 32ND L L y. ✓ - _ _ Q Q Q LL Z z E E m w N zC o Q to n o 0 //^^ 3AVHllB MN 1 •• •�4 71 0 .. F Q S Z itli U F- g Q F J d. a • J atloa stlTDn., Z QN 0 3 0 � a �o lU U Z z ZNW 42ND AVEQ IEAYGNEMN Ippia 3Atl H19 Ce ,,, Q w W NW47TH AVE z Q • J Ili g p ate --. N ° i j rnil IY PALM O Q Q O , ilk f z2 Zi ,,ilk ('I 4THAVE RED ROAD CANAL ��- NW 57TH AVE _ ,�-- _ ilik REWlIHAII Z m 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. 4 of 11 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. 5 of 11 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. 6 of Ii 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. 9 of 11 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. 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 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;... : 4. .--;.----::::3.1,...).... ("-- 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% . .... ....... _ . . . , al IA lrrr-n- )1"1- ---,....___,_-....,,,,,,.., to ipre..*;•,,,,, M I c i .,0,,,,,,,,,-,We"iN 1AIN XI to , , „..._. 4.04Li, o g Z 0 z T41 : ,. ,.„ ), ,,,,,,,,L .. 1 , 6 4,/•AV ' 1 i ITI r i it tr tr t ryAv I ` ) as v` i i n b , , , g r it. I4 sir 37111 Av a E ZT p D E 4' . r , wv , wai m AV , _ CO z � n ZyX I € g , 1 , r 1 W 17 CAN/ _. ID .- , ,r•i 0* S ',z ti. C z .. ._ RI C „ . z : r a 2 = r £ c S. 4 , e b a Z k 2 0 w :` $ 13 525 t ¢ G 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) 2c ! 3 gr vt I ; , .0 !sir Ns/ 4 JA c Y - o I z , ` 4,wrIki 4 ------\ 0 VA, Ii1 \ -4 , if g Ks!Mist Mw s X 11424 ook aT 4 /� fr 1:, n 1 fl'i i i i > t 47 ii x 4. O MIMI S b A f_ N tom' 2r Z 1 ` rill Ay A� i I' Ev A ! —4.- O w g } Z _n MA. _. VJ CA n � �,, Z [' t4k IC nt'w.: „a. '' f ,- 4y -r T{ Pi ift 4 iti 0 �` V ! ' . ` CAN, C o d to I r ryi ZI Y t � m C t . :c.. 0, , ).' ' - 5 i —I.,, . , . _ : 0 t c ,. . ... , . ..: .z 3. ' Xis, Y '':c n9-.; )! '"`Z — 'i :' v 171 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 _ea.ei 0 se-,(.0 antl xs!t,VtuT=r(,S;::, v,:foxl try kAarwt.,aat .::-x:)ry, xtik:NOCKS'3.rd Vast,•Marr-ort C-;arrewv :oeq rv:A,.fiLtle at st*toc::1.9.il.r.4 s..KI as Jet-Is is Is,-ef.h.-s•a;