HomeMy Public PortalAbout12-15 Interlocal Agreement with MDC Stormwater Utilities 1st Reading: June 27, 2012
2nd Reading/Public Hearing: July 25, 2012
Adopted: July 25, 2012
Effective Date: July 26, 2012
Sponsored By: City Manager
ORDINANCE NO. 12-15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA; TO APPROVE AMENDMENT TO
ORDINANCE 12-10, TO AUTHORIZE THE CITY MANAGER
TO EXECUTE AN AMENDED TWO-YEAR INTERLOCAL
AGREEMENT WITH THE MIAMI-DADE COUNTY
STORMWATER UTILITY AS TO PROVISION OF CONTRACT
SERVICES; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR CONFLICT AND REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Ordinance 12-10 was adopted on May 9, 2012, to provide for provision of
contract services to the City by Miami-Dade County Stormwater Utility;
WHEREAS, Miami-Dade County has requested several minor revisions to the approved
agreement; and
WHEREAS, the revisions include the Indemnification Clause on page 10 of the
Agreement, in order to reflect recent action by the Florida Legislature in regard to sovereign
immunity, and three (3) changes to attachment B of the approved Agreement; and
WHEREAS, the City Commission of the City of Opa-locka desires to approve the
execution of a revised Interlocal Agreement between the City and Miami-Dade County for
shared stormwater management between the City of Opa-locka and Miami-Dade County, for a
period of two (2) years commencing on October 1, 2012 and ending on September 30, 2014.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA,AS FOLLOWS:
Ordinance No. 12-15
Section 1. Incorporation of Recitals: The foregoing recitals are hereby ratified and
confirmed as being true, and the same are hereby made a specific part of this Ordinance.
Section 2. Authority of City Manager: The City Commission of the City of Opa-
locka hereby authorizes the City Manager to enter into a revised Two (2) Year Interlocal
Agreement between the City of Opa-locka and Miami-Dade County for stormwater management
and maintenance of shared stormwater systems, to comply with the revisions to the Interlocal
Agreement as requested by Miami-Dade County.
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hereby repealed.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 become effective as specified by the
City of Opa-locka Code of Ordinances.
PASSED AND ADOPTED this 25th day of July, 2012.
(451j(LIM TAYLOR
MAYOR
Ordinance No. 12-15
• test to:
I
PI anna Flores
Interim City Clerk
Approved as to form and legal sufficiency:
iii 14 It ij !
Joss' ',. I':T'er
C' ' Atto ey
Moved by: COMMISSIO ' HOLMES
Seconded by: COMMISSIO ' R MILLER
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
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City of Opa-Locka
Agenda Cover Memo
Commission Meeting 6/27/2012 Item Type: Resolution Ordinance Other
Date: x
(EnterX in box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(EnterX in box) Yes No (EnterX in box)
x Public Hearing: Yes No Yes _ No
(EnterX in box) x x
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
Ex: Storm Water (EnterX in box) x
Account#43-538340 Mgmnt.
Contract/P.O.Required: Yes No RFP/RFQ/Bid#:
(EnterX in 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 Q
Bus.&Economic Dev 0 1. Required to comply with
Public Safety - MS4 permit.
Quality of Education C7
Qual.of Life&City Image iss
Communcation C7
Sponsor Name City Manager Department: Public Works
Short Title:
Amendment of Interlocal Agreement for Stormwater Management with Miami-Dade County
Staff Summary:
The approved Interlocal Agreement per Ordinance 12-10 has the following amendments per Miami-Dade County
request:
1. Indemnification Clause in page# 10 of the Agreement has been revised per Florida Legislature update.The
sums in have been revised from $100,000 and $200,000,to$200,000 and $300,000 respectively.
2. The following three (3) changes have been made to attachment B of the approved Interlocal Agreement :
MDC Stormwater Amended Agreement 1
a) Under Mowing Flat for Spur#1 Canal, the percent share for the City of Opa-locka was incorrectly
listed as 48%.The correct percent is 46%, and the revision has been made to reflect the corrected
percentage.
b) In the footnotes of the last page of attachment B, "Level of services and cost estimates provided
by Miami-Dade County Public Works and Waste Management Department" has been replaced by
"Level of services and cost estimates provided by Miami-Dade County".
c) In the footnotes of the last page of attachment B,The last line containing"Does not include
aesthetic and debris or litter removal" has been deleted.
Proposed Action:
Staff recommends approval in order to be compliant with all applicable regulations pertaining to stormwater
management and MS4 permit.
Attachment:
1. Agenda
2. MDC Original Agreement
3. MDC Amended Agreement
4. Ordinance 12-10 and Ordinance 10-18
MDC Stormwater Amended Agreement 2
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MEMORANDUM
TO: Mayor Myra L.Taylor
Vice-Mayor Dorothy Johnson
Commissioner Timothy Holmes
Commissioner Ros ydus
Commissioner ail Miller
FROM: Bryan K.Finnie,City anager
DATE: June 15,2012
RE: Amendment of Interlocal Agreement for Stormwater Management with Miami-Dade
County
Request: APPROVAL OF AMENDMENTS TO THE ORDINANCE#12-10 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-LOCKA AND MIAMI-DADE COUNTY FOR A PERIOD OF TWO (2) YEARS
COMMENCING ON OCTOBER 1,2012 AND ENDING ON SEPTEMBER 30,2014.
Description: The approved Interlocal Agreement per Ordinance 12-10 has the following amendments per
Miami-Dade County request:
1. Indemnification Clause in page# 10 of the Agreement has been revised per Florida Legislature
update. The sums in have been revised from $100,000 and $200,000, to $200,000 and $300,000
respectively.
2. The following three(3)changes have been made to attachment B of the approved Interlocal
Agreement :
a) Under Mowing Flat for Spur#1 Canal,the percent share for the City of Opa-locka was
incorrectly listed as 48%.The correct percent is 46%, and the revision has been made to
reflect the corrected percentage.
b) In the footnotes of the last page of attachment B, "Level of services and cost estimates
provided by Miami-Dade County Public Works and Waste Management Department"has
been replaced by "Level of services and cost estimates provided by Miami-Dade County".
c) In the footnotes of the last page of attachment B,The last line containing"Does not include
aesthetic and debris or litter removal" has been deleted.
MDC Stormwater Amended Agreement 1
Financial Impact: The amendments will have no financial impact to the City.
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, 12-10
Recommendation(s):
Staff recommends approval in order to be compliant with all applicable regulations pertaining to stormwater
management and MS4 permit.
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, 12-10
PREPARED BY: Mohammad Nasir,PE,Interim Public Works Director
END OF MEMORANDUM
MDC Stormwater Amended Agreement 2
A Dt:►�
MIAMI DE
COU NTY
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:
WITNES 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:
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ARTICLE I
PURPOSES
The UTILITY and the CITY enter into this Agreement to further the following
purposes:
(1) to protect and promote the public health, safety, and general welfare through the
management of stormwater run-off;
(2) to maintain and improve water quality and preserve and enhance the
environmental quality of the receiving waters;
(3) to control flooding that results from rainfall events;
(4) to deter unmanaged rainwater from eroding sandy soils and causing
sedimentation;
(5) to deter the disruption of the habitat of aquatic plants and animals;
(6) to promote intergovernmental cooperation in effectively and efficiently managing
stormwater run-off;
(7) to maintain and repair shared stormwater systems located within the limits of the
drainage service areas in accordance with the approved plans. These include maintaining canals,
and any required maintenance of flow control structures and stormwater pump stations and their
mechanical and electrical components; maintaining stormwater systems as determined by
conditions of the system, prevailing environmental conditions, and the level of service
established.
(8) to provide a mechanism for the UTILITY and the CITY to share and allocate the
cost of maintaining and repairing shared stormwater drainage systems as stated in(7), above.
ARTICLE II
DEFINITIONS
Agreement shall mean this document, including any written amendments, attachments,
and other written documents, which are expressly incorporated by reference.
Stormwater Management Plans shall mean stormwater management plans developed by
both the CITY and by the UTILITY, to meet the required level of service as established in their
respective stormwater management programs or master plan pursuant to Florida Statute
403.0891.
CITY Stormwater Utility Budget shall mean the CITY's developed and approved fiscal
year budget which includes a component for stormwater management of its drainage system,
including capital and operating outlays necessary to maintain the level of service established in
the CITY's Stormwater Management Plans.
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Utility Stormwater Budget shall mean the UTILITY's developed and approved fiscal
year budget for stormwater management of its drainage system, including capital and operating
outlays necessary to maintain the level of service established in the Utility's Approved Plans.
Shared Stormwater Drainage System shall mean that portion of the drainage system
owned by either the CITY or the UTILITY to which both the CITY and the UTILITY contribute
stormwater runoff and which is further identified in Attachment"A".
Costs allocable to the CITY shall mean those portions of the actual maintenance and
operating outlays budgeted by the UTILITY in its yearly budget process, which are allocated to
the CITY based on the CITY's relative stormwater runoff contribution to the shared portion of
the stormwater drainage system of the UTILITY.
Costs allocable to the Utility shall mean those portions of the actual maintenance and
operating outlays budgeted by the CITY in its yearly budget process, which are allocated to the
UTILITY based on the UTILITY's relative stormwater runoff contribution to the shared portion
of the stormwater drainage system of the CITY.
Operating Outlays shall mean expenses budgeted by the CITY and the UTILITY which
are actual expenses incurred in each fiscal year, which due to their nature are considered
reoccurring expenses to sustain yearly stormwater drainage operations.
Capital Outlays shall mean expenses budgeted by the CITY and the UTILITY which are
actual expenses incurred in each fiscal year, which due to their nature are considered non-
reoccurring and producing a long term benefit to the users. The yearly charges allocable to the
CITY or to the UTILITY shall be that amount prorated, plus interest charges and administrative
fees, for no longer than the calculated useful life of the capitalized item in no case exceeding 20
years. A separate Interlocal Agreement is required for any approved Capital Outlays that may be
amortized beyond the life of this Agreement.
Fiscal Year shall mean the period beginning on October 1 and ending on September 30 of
the following year.
Force Majeure shall mean an act of God, epidemic, lightning, earthquake, fire, explosion,
hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection,
riot, general arrest or restraint of government and people, civil disturbance or similar occurrence,
which has had or may reasonably be expected to have a material adverse effect on the rights or
obligations under this Agreement, and which, by the exercise of due diligence, such parties shall
not have been able to avoid. Such acts or events DO NOT INCLUDE inclement weather(except
as noted above) or the acts or omissions of subcontractors, third-party contractors, material men,
suppliers, or their subcontractors, unless such acts or omissions are otherwise encompassed by
the definition set forth above.
Maintenance is defined by, and limited to, the tasks listed in the Attachment`B" or other
related stormwater drainage tasks agreed to by both parties' Project Managers.
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.
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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
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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.
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ARTICLE XII
REPRESENTATION OF CITY
The CITY represents that this Agreement has been duly authorized, executed and
delivered by the City 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
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performing the same, and CITY shall be responsible for the acts and omissions of its officers,
agents, employees, contractors, and subcontractors, if any.
The UTILITY shall perform all work and services described herein as an independent
contractor and not as an officer, agent, servant, or employee of the CITY. UTILITY shall have
control of the work performed in accordance with the terms of this Agreement and of all persons
performing the same, and UTILITY shall be responsible for the acts and omissions of its
officers, agents, employees, contractors, and subcontractors, if any.
Nothing in this Agreement shall be construed as creating a partnership or joint venture
between the UTILITY and the CITY.
ARTICLE XVII
INDEMNIFICATION
The CITY shall indemnify and hold harmless the UTILITY and its officers, employees, agents
and instrumentalities from any and all liability, losses or damages, including attorney's fees and
costs of defense, which the UTILITY or its officers, employees, agents or instrumentalities may
incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature
ari sing out of, relating to or resulting from the performance of this Agreement by the CITY or its
employees, agents, servants, partners, principals or subcontractors. CITY shall pay all claims
and losses in connection therewith and shall investigate and defend all claims, suits or actions of
any kind or nature in the name of the UTILITY, where applicable, including appellate
proceedings, and shall pay all costs, judgements and attorney's fees which may issue thereon.
Provided, however, this indemnification shall only be to the extent and within the limitations of
Section 768.28 Fla. Stat., subject to the provisions of that Statute whereby the CITY shall not be
held liable to pay a personal injury or property damage claim or judgement by any one person
which exceeds the sum of$200,000, or any claim or judgement or portions thereof, which, when
totaled with all other claims or judgement paid by the CITY arising out of the same incident or
occurrence, exceed the sum of $300,000 from any and all personal injury or property damage
claims, liabilities, losses or causes of action which may arise as a result of the negligence of the
CITY.
The UTILITY does hereby agree to indemnify and hold harmless the CITY to the extent and
within the limitations of Section 768.28 Fla. Stat., subject to the provisions of that Statute
whereby the UTILITY shall not be held liable to pay a personal injury or property damage claim
or j udgement by any one person which exceeds the sum of$200,000, or any claim or judgements
or portions thereof, which, when totaled with all other occurrence, exceeds the sum of$300,000
from any and all personal injury or property damage claims, liabilities, losses and causes of
action which may arise solely as a result of the negligence of the UTILITY. However, nothing
herein shall be deemed to indemnify the CITY from any liability or claim arising out of the
negligent performance or failure of performance of the CITY or any unrelated third party.
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IN WITNESS THEREOF, the parties hereto through their duly authorized representatives hereby
execute this Agreement.
Attest: CITY OF OPA-LOCKA, FLORIDA
780 Fisherman Street,4th Floor
Opa-locka, FL 33054
Attn: Mr. Brian K. Finnie, City Manager
(305)953-2823
Authorized signature on behalf
City Clerk Date of the City of Opa-locka, Florida.
By:
City Manager Date
MIAMI-DADE COUNTY BOARD OF COUNTY
COMMISSIONERS, FLORIDA AS GOVERNING
BODY OF THE MIAMI-DADE COUNTY
STORMWATER UTILITY
By:
Mayor or Mayor's Date
Designee
Stephen P. Clark Center
111 N.W. 1 Street
Miami, Florida 33128
HARVEY RUVIN, CLERK
Attest:
By:
Deputy Clerk Date
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ATTACHMENT "A"
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
1. Opa-locka 0.12 (0.06+0.06) 100%
2. Miami-Dade County 0.00 0 0%
SPUR#1 CANAL(Biscayne Canal to NW 27 Ave.)
1. Opa-locka 0.63 (0.21+0.24+0.04+0.06+0.06+0.02) 46%
2. Miami-Dade County 0.74 (0.11+0.62+0.01) 54%
OPA-LOCKA CANAL(NW 27 Ave.to NW 47 Ave.)
1. Opa-locka 1.74 (1.14+0.60) 100%
2. Miami-Dade County 0.00 0 0%
NW 127 STREET CANAL(NW 27 Ave.to NW 47 Ave.)
1. Opa-locka 1.02 (0.53+0.49) 67%
2. Miami-Dade County 0.50 (0.50) 33%
ATTACHMENT "B"
Two (2) Year Cost Share Table
(see attached exhibit)
ATTACHMENT"B"
CITY OF OPA-LOCKA
Canal Maintenance Estimated Costs(FY-2012/13 to 2013/14)
commeimmimorm
Culvert Cleaning-Above Water
Canal Name Cycles per Year Municipality
1 2 3 4 % Share Cost
Burlington (from NW 22 Ct to 26 Ave) $200 $400 $600 : 1,�,�- 100 $800
" %; 1� 46 $1,104
Spur#1 (from Biscayne to NW 27 Ave) $600 $1,200 $1,800 ��, ,,S�
Opa-locka(from NW 27 Ave to 47 Ave) $1,000 $2,000 $3,000 •: `+YaF''r 100 $4,000
127 Street(from NW 27 Ave to 45 Ave) $800 $1,600 $2,400 �" ,' 67 $2,144
sub-total $2,600 $5,200 $7,800_ 1 4,,,44 _ $8,048
City Cost at Current Level of Service(4 cycles) EriZIEL
Culvert Cleaning- Below Water
Cycles per Year Municipality
Canal Name 1 2 3 4 %Share Cost
Burlington (from NW 22 Ct to 26 Ave) p'''r.', $960 $1,440 $1,920 100 $480
Spur#1 (from Biscayne to NW 27 Ave) $2,880 $4,320 $5,760 46 $662
Opa-locka (from NW 27 Ave to 47 Ave) '!' $2, $4,800 $7,200 $9,600 100 $2,400
127 Street (from NW 27 Ave to 45 Ave) $1,%,, $3,840 $5,760 $7,680 67 $1,286
sub-total .•, ,,, $12,480 $18,720 $24,960 $4,829
City Cost at Current Level of Service(1 cycle) ,,
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 f' i;':."4:1";V. $22,369 100 $16,777
Spur#1 (from Biscayne to NW 27 23,760 $47,520 krf4 `
p ( y Ave)) _ ��� 4 $95,040 46 $32,789
Opa-locka (from NW 27 Ave to 47 Ave) $40,800 $81,600 `.. �'�i' $163,200 100 $122,400
127 Street(from NW 27 Ave to 45 Ave) $39,900 $79,800 t, 1+ $159,600 67 $80,199
sub-total $110,052 $220,105 ° ,f, , ;. $440,209_ $252,165
City Cost at Current Level of Service(3 cycles)
Chemical/Herbicide Treatment(submerged, emergent, and bank acres treated)
Canal Name Cycles Der Year Municipality
1 2 3 4 % Share Cost
Burlington (from NW 22 Ct to 26 Ave) $1,118 $2,237 $3• a,=355 1447, 100 $4,474
Spur#1 (from Biscayne to NW 27 Ave) $4,640 $9,280 $13,920 $18,56 46 $8,538
Opa-locka (from NW 27 Ave to 47 Ave) $7,800 $15,600 $23,400 $31,20 =. 100 $31,200
127 Street (from NW 27 Ave to 45 Ave) $7,760 $15,520 $23,280 $3}1;040 67 $20,797
sub-total $21,318 $42,637 $63,955 5,274 $65,008
City Cost at Current Level of Service(4 cycles) NEi,• O
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 46 $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) 1 $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 $4,2761
City Cost at Current Level of Service(4 cycles) 1 -$4,2761
Obstruction Removal (contingency)
Canal Name Cycles per Year Municipality
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) I $3,6811
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 .,, ' $4,140 $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 F $107,280
MDC STORMWATER UTILITY 2-YEAR COST I $214,561
CITY OF OPA-LOCKA MAXIMUM ANNUAL COST 1 $346,322 1 Annual
CITY OF OPA-LOCKA MAXIMUM 2-YEAR COST ( $692,644 2-Year
Level of service and cost estimates provided by Miami-Dade County
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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 I'T 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 Stonnwater 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 9°'day of May, 2012.
f
a,1 YR '` A
(` YLOR
MAYOR
3
Ordinance No. 12-10
Attest to:
,1. / t I!f
Joanna Flores
!interim City Clerk
Approved as to form and legal sufficiency:
Jos p i S. eller
Ci y Attoi ley
I/
Moved by: VICE MAYOR 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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1st Reading: June 23, 2010
2 Reading/Public Hearing: July 14, 2010
Adopted: July 14, 2010
Effective Date: July 14, 2010
Sponsored By: City Manager
ORDINANCE NO. 10-18
AN ORDINANCE OF THE CRY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA; AUTHORIZING THE (ITV MANAGER
TO ENTER INTO AND EXECUTE A TWO-YEAR INTERLOCM.
AGREENIENT NVITII TIIE MIAMI-DADE COUNTY
STORMWATER 1. III FOR CONTRACT SERVICES
PERTAINING TO STORMWATER NIANACEMENT AND
ALAINTENANCE OF SHARED STORMWATER DRAINAGE
SYSTEMS IN AN AMOINT NOT TO EXCEED "fliREE HUNDRED
FORTY-SIX THot sAND THREE HUNDRED TWENTY-TWO
DOLLARS AND NO CEN'I'S (S.346.322.901 ANNU.ALLY, PAYABLE
FRONI ACCOUNT 43-538340; PROVIDING FOR CONFLICT AND
REPEM,ER; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS. the Water Resources Act of 1972, as set forth in Chap:er 373, Honk
Statutes, established and authonzed local \valet management distrft.ts to manage_ Floridd's tiN.ers,
lakes and canals: and
WHEREAS, Section 403.003, Flolida Statutes (F.S,), authorizes the establishment of
stormwater utilities to plan, construct, operate and maintain sionnwater 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 01-120. as amended
by Ordinance No 92-44 and 92-80. creak' a siormv,alcr iii ii ny (herein:411er referred to as the
"1-111.1TY-I and v nicht:T[1Sn' operafe ;thin a municipalit). or municipalities, and
Ordinance No. 10-18
set forth in Exhibit A . together with such non-material chances as may be acceptable to the
City Manager and approved :is to form and legality hr the City Attorney,
Section 3. Conflict: All ordinances or Code provisions in conflict herewith arc
hereby repealed.
Section 4. Several)]lity: If any section. subsection, Nentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
,:ompetent jurisdiction, such portion shall he deemed a separate, distinct and independcw
provision and such holding shah not affect the validity of the remaining portions of this
Ordinance.
Section 5. Effective Dille: This Ordinance shal l. upon adoption, be codified in thc
City of Opa-locka Code of Ordinances and shall become effective as specified by the City of
Opa,locka Code of Ordinances.
PASSED AND ADOPTED this 14 day of Juk. 201(1.
.,/
,..,1 - ---■
fr-
,1 S PHI KELLEY
MAY Mt
:kites!: ApproN,ed asito form and legal sufficiency:
r
). 1 •' j Lfr, 1 ' I •
i ( , c....... i ' ri,.; :'
... - 4 a..44,, - ,r._.:,.,..
Dgborah S. L-by lost: h S. Geller, Esq.
(lily Clerk ,
,
. City Attorney
MCI Ius --
MIAMI-DADE
MAW
0
TV
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
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
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
— - -e —e - e .'e .: :� in--aeeor anee wr-h his-Agreement-and-the-ClT-Yhs-stonnwater -
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 managenient
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
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-al-Id-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 arisin rom or related to this-A-greement=shall=be-�rn the-Eleventh-Judisia
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.I TTILUTY 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$200,000
from any and all personal injury or property damage claims, liabilities, losses and causes of
action which may arise solely as a result of the negligence of the UTILITY. However, nothing
herein shall be deemed to indemnify the CITY from any liability or claim arising out of the
negligent performance or failure of performance of the CITY or any unrelated third party.
10 of 11
IN to I TlIEREOF, the parties hereto through their duly authorized represemativts eo
execute this Agreement.
Attest: CITY OF OPA-1:OCKA, FLORIDA
780 Fisherman Street, zith Floor
Opa-locka, FL 33054
Attn: Mr. Brian K. Finnie, City Manager
(305) 953-2823
' • I . Authorized signature on behalf
Cily Clerk Date of the City of Opa-locka, Florida.
By
City Manager Date
MIAMI-DADE COUNTY BOARD OF COUNTY
COMMISSIONERS, FLORIDA AS GOVERNING
BODY OF THE MIAMI-DADE COUNTY
STORM WATER UTILITY
By:
Mayor or Mayor's Date
Designee
•
Stephen F. Clark Center
111 N.W. I Street
Miami, Florida 33128
HARVEY RUVIN, CLERK
Attest:
By:
Deputy Clerk Date
11 of I
THE OIN OF UPA-LOCKA
AND
THE 1911AMI-DADE GOuNry araRkilwATETI uTILiTY
FOR
STORMWATER MANACIEMENT
Orjober 1, 2012 Sep 30, 20124
City of Opa-iocka
Approld as to form and legai sufficien(:,y:
/7.71
( ;
Oliver Gilbert, HI Esquire
Asst, City Attorney
to
ATTACHMENT "A"
A.1 - Percent Share Calculation Table
A.2 - Canals and Drainage Basins Map
ATTACHMENT"Al"
CITY OF OPA-LOCKA
CANAL DRAINAGE AREAS and%SHARE
TOTAL
CANAL AREA(SQ MILES) SUB-AREAS % SHARE
BURLINGTON CANAL(NW 22 Ct.to NW 26 Ave.)
-_ --- 1,-Opt-tuck* 0.12 (0.06+$Aoi_ 1 nnoi
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-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-locka 1.02 (0.53+0.49) 67%
2. Miami-Dade County 0.50 (0.50) 33%
•
ATTACHMENT "B"
Two (2) Year Cost Share Table
(see attached exhibit)
ATTACHMENT "B"
CITY OF OPA-LOCKA
Canal Maintenance 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
-Bur ington (ft-dm-NW-22 Ct to-26-Ave) $200----- $400-------$601L F_ , $0QO 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 :,,,',:',..44,00b` 100 $4,000
_ treet(f o )- - _$ROO $1,600 $2 400 %$3,200:, 67 $2,144
sub-total $2,600 $5,200 $7,806.77-$10;406 - $8,048
City Cost at Current Level of Service(4 cycles) .''.1.'1;;:,:40,;04$
Culvert Cleaning -Below Water
Cycles per Year Municipality
Canal Name 1 2 3 4 %Share 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 •.`$6;240: $12,480 $18,720 $24,960 $4,829
City Cost at Current Level of Service(1 cycle) 1 '.,,:V,;;$0291
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 $330157 $440,209_ $252,165
City Cost at Current Level of Service(3 cycles) •";_'$25 =1,66
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 $31,040: 67 $20,797
sub-total $21,318 $42,637 $63,955_.";$85;274- $65,008
City Cost at Current Level of Service(4 cycles) 1.1;4.Y$44.;0081
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 T $2496: 100 $2,496
127 Street(from NW 27 Ave
e to 45 Ave) $1,144 __$2,288- $3,432 .$4576 67 - $3,066
sub-totar $1,768 $3,536 $5,304`_* $7;Q72; _ $5,562
City Co$t_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 $( 100 $0
Spur#1 (from Biscayne to NW 27 Ave) $0 $0 $0 „.. . ..,4p,k '; 46 $0
Opa-locka(from NW 27 Ave to 47 Ave) $600 $1,200 $1 800 • $2'; 100 $2,400
127 Street(from NW 27 Ave to 45 Ave) $700 $1,400 $2,100 WOOL 67 $1,876
sub-total $1,300 $2,600 $3,900: $5E $4,276
City Cost at Current Level of Service(4 cycles) $4;276
Obstruction Removal (contingency)
Canal Name Cycles per Year Municipality
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 $883
Opa-locka(from NW 27 Ave to 47 Ave) -$;100 $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 $345 014:4144 $8,970 $17,940 $2,774
City Cost at Current Level of Service(12 cycles);,..;;::X741
TOTAL ANNUAL COST $453,603
MDC STORMWATER UTILITY ANNUAL COST $107,280
MDC STORMWATER UTILITY 2-YEAR COST $214,561
CITY OF OPA-LOCKA MAXIMUM ANNUAL COST $346,322 Annual
CITY OF OPA-LOCKA MAXIMUM 2-YEAR COST $692,644 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
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THE MIAMI HERALD I MiamiHerald.com ND SUNDAY,JULY 15,2012 I 7ND
KOHL'S ► •6 .
•ire tc
•
' CITY OF OPA-LOCKA,FLORIDA
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka,Florida will hold public
Cares. hearings at its Regular Commission Meeting on Wednesday,July 25,2012 at 7:00 p.m.at the Opa-locka
Committed to Kids' Health and Education Municipal Complex,780 Fisherman Street,2""Floor,Opa-locka,Florida to consider the following items:
Safety READING/PUBLIC HEARING:
Bike & Child Safety Event (First reading for ordinances listed below were held on June 27,2012)
Child ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA
AMENDING ORDINANCE 11-15,THE GENERAL FUND BUDGET FOR THE FISCAL YEAR
COMMENCING Miami Children's Hospital and Kohl's Associates in AND XPENDITURESBAS REFLECTED IN EXHIBIT"A", PTI N B;CONTAINING A REPEALER
Action Team will be fitting children for bike helmets PROVISION AND SEVERABILITY CLAUSE;FURTHER PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA
AMENDING ORDINANCE 11-16,THE PROPRIETARY AND SPECIAL REVENUE FUNDS BUDGET
FOR THE FISCAL YEAR COMMENCING OCTOBER 1,2011 AND ENDING SEPTEMBER 30,2012;
Informational Sessions,Safety Instructions and Giveaways!* ADJUSTING REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT"A",REFLECTING
CHANGES IN REVENUE SOURCES AS FOLLOWS:FEMA FUND(FUND 169),FIVE THOUSAND
*While Supplies Last FOUR HUNDRED AND NINETY FIVE DOLLARS($5,495);WATER AND SEWER FUND(FUND
440),EIGHT HUNDRED AND FIFTY NINE THOUSAND NINE HUNDRED AND EIGHTY ONE
DOLLARS($859,981);CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE;
Family friendly Entertainment FURTHER PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
PROHIBITING THE SALE,OFFER FOR SALE,PURCHASE WITH INTENT TO SELL OR PUBLIC
Kohl's - Hialeah Store DISPLAY FOR SALE OF LOOSE,LEAFY OR GRANULAR INCENSE PRODUCTS AND OTHER
SYNTHETIC SUBSTANCES THAT MIMIC ILLEGAL DRUGS (SYNTHETIC MARIJUANA);
700 West 49 Street PROVIDING FOR DEFINITIONS; PROVIDING FOR SEIZURE AND INJUNCTIVE RELIEF;
FOR PENALTIES;Hialeah, FL 33012 AND VREPEALER;PROVIDING FOROCODIFICATION;PROVIDING FOR AN EFFECTIVE DATE.CONFLICT
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO
APPROVE AMENDMENT TO ORDINANCE 12-10,TO AUTHORIZE THE CITY MANAGER TO
Saturday, July 21 • 11 a.m. - 2 EXECUTE AN AMENDED TWO-YEAR INTERLOCAL AGREEMENT WITH THE MIAMI-DADE
Y, u 7 p m. COUNTY STORMWATER UTILITY AS TO PROVISION OF CONTRACT SERVICES;PROVIDING
FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING
FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE.
OP�lt � AM NDIINGG THE COMPREHENSIVE DEEELOPMENT MASTER PLAN BYOCREATINGRITHE
TRANSIT ORIENTED DISTRICT(TOD)OVERLAY CLASSIFICATION,AMENDING THE FUTURE
MIAMI ,tore" MIAMI LAND USE MAP,UPDATING THE PARK AND RECREATION ELEMENT AND AUTHORIZING THE
CHILDREN'S • MIAMI tEN s tlosrrinl. TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY;PROVIDING
FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING
Children's t1 N D A T t O tv FOR SEVERABILITY;PROVIDING FOR CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE.
HOSPITAL. Miracle Network Funding World-Class Care RESOLUTION/PUBLIC HEARING:
Hospitals
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO
APPROVE APPLICANT'S FINAL SITE PLAN REQUEST TO CONSTRUCT A SUPERMARKET
1/� �/� AT 2121 NW 1351"STREET,OPA-LOCKA,FOLIO NO.08-2121-013-0070,ENCOMPASSING
V • •O� I • miami.Corn APPROXIMATELY 63,870 SQUARE FEET;PROVIDING FOR INCORPORATION OF RECITALS;
A GuIDE To S0UTo htOR■DA PARENTS PROVIDING FOR AN EFFECTIVE DATE.
Additional information on the above items may be obtained in the Office of the City Clerk,780 Fisherman
Street,4"'Floor,Opa-locka,Florida.All interested persons are encouraged to attend this meeting and will
be heard with respect to the public hearing.
Questions? PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board,agency,or
( all IITC.\liami( hildlrcn'.Ilnslrilal fr:nnna ticr\ice,, I)clTartinrnt at commission with respect to any matter considered at such meeting or hearing will need a record of the
proceedings,and for that reason,may need to ensure that a verbatim record of the proceedings is made,
786 6 2 4•4 6 3 9 which record includes the testimony and evidence upon which the appeal maybe based.
• JOANNA FLORES,CMC
INTERIM CITY CLERK