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HomeMy Public PortalAbout14-10 Agreement with MDC for Shared Stormwater I st Reading: June 25, 2014 2"d Reading: July 23, 2014 Adopted: July 23, 2014 Effective Date: July 24, 2014 Sponsored By: City Manager ORDINANCE NO. 14-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA; AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AN INTERLOCAL AGREEMENT WITH THE MIAMI-DADE COUNTY STORMWATER UTILITY FOR SHARED STORMWATER MANAGEMENT FOR A PERIOD OF FIVE YEARS, COMMENCING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2019, IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FORTY-SIX THOUSAND THREE HUNDRED TWENTY TWO DOLLARS AND NO CENTS ($346,322.00) ANNUALLY, PAYABLE FROM ACCOUNT 43-538340, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the current agreement for Stormwater Management with Miami-Dade County will expire on September 30, 2014; and WHEREAS, the inter-local agreement defines the parameters to maintain and repair shared stormwater systems, including maintenance of canals, and required maintenance of flow control structures and pump stations within the City limits; and WHEREAS, the City Commission of the City of Opa-locka("City Commission") desires to enter into a Five (5) 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. Ordinance No. 14-10 NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY 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. Section 2. Authority of CitManager: The City Commission of the City of Opa- locka hereby authorizes the City Manager to enter into and execute an interlocal agreement with the Miami-Dade County Stormwater utility for shared stormwater management for a period of five years, commencing October 1, 2014, and ending September 30, 2019, in substantially the form attached hereto, in an amount not to exceed Three Hundred Forty-Six Thousand Three Hundred Twenty Two Dollars and no cents ($346,322.00) annually, payable from account 43- 538340, a budgeted item. 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 Conflict: All ordinances or Code provisions in conflict herewith are hereby repealed.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. Ordinance No. 14-10 Section 5. Effective Date: This Ordinance shall, upon adoption, become effective as specified by the City of Opa-locks Charter. PASSED AND ADOPTED this 23`d day of Jam, 2014. MY AYLOR AYOR Attest: Approved as to form and legal sufficiency: r� J Jc� na Flores J eller, Esq. Ci y Clerk E�P' ON MARDER, PA ity At orney Moved by: Commissioner Johnson Seconded by: Commissioner Santiago Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley NOT PRESENT Mayor Taylor: YES 1456939 v 2ND i SUNDAY,JULY 13,2014 ND MiamiHerald.com I MIAMI HERALD REACH US NEIGHBORHOOD NEWS EDITORIAL .SWEETWATER learn the basic concepts of a kickoff event for the may- For more information on Volunteers will work Suburban Editor marketing,using the most or's citywide fitness the event or the fitness chal- alongside park rangers to as- Joan Chrissos WORKSHOP W ILL effective tools to sell prod- challenge lenge,call Sandra Pierre- sist visitors to the park from 305-376-2635 jchrissos @MiamiHerald.com TEACH MARKETING ucts or services and more. The event is free and Paul at 305-914-9170. around the world The par •SOUTH MIAMI-DADE looking for those willing Editor Ed Sweetwater and the His- To register, call open to residents and non- Mark Worth panic Business Initiative 786-329-5830. residents.It will take place and able to volunteer for at 305-376-3591 Fund will host a workshop • at 8 a.m.Saturday at the Be- NATIONAL PARK NEEDS least 80 hours,with a mini- mworth @MiamiHerald.com on"Effective Marketing for MIAMI GARDENS tty T.Ferguson Recreational VOLUNTEERS mum of four hours a week Reporters Businesses"at the cit}rs se CITY TO HOST`FITNESS Complex,3000 NW 199th St Students and retirees are en- Miami Gardens:Nadege Charles, 305-376-4566,ncharles @Miami niorcente;10601SWFourth CHALLENGE, Activities will include a Biscayne National Park is couraged to apply. Herald.com;Hialeah:Joey Flechas, St,at 5:30 pm.Thursday. one-mile run/walk and looking for volunteers for For an online application 305-376-3602,jflechas @Miami The bilingual event is Miami Gardens and May- Zumba and water aerobics the Dante Fascell Visitor or information, visit Herald.com;Religion:Bea Hines 305-376-2022 ext.7192, free.Those who attend will or Oliver Gilbert are hosting classes. Center. www aps.gov uc bhines @MiamiHerald.com Youth Sports Editor James Varsallone jvarsallone @MiamiHerald.com School News adchardson @MiamiHerald.com OTHER CONTACTS Advertising MOTORS Liana Guilarte,305-376-4645 Gltuxlar dask/Ilstings 305-376-3355 newscalendar@MiamiHerald.com US-1 &South 160-180 Street in Miami southmotors.com • t D•Ihtary problems 1-800-THEHERALD (F800-843-4372) Paddleboard • CITY OF OPA-LOCKA,FLORIDA Kayak • • NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locks,Florida will hold a public End of Season hearing at its Regular Commission Meeting on Wednesday,July 23,2014 at 7:00 p.m.in the Auditonum at Sherbondy Village,215 President Barack Obama(Pendz)Avenue,Opa-locka,Florida to consider the following item: • SECOND READING ORDINANCE/PUBLIC HEARING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AN INTERLOCAL On all in stock inventory and our rental boats too! AGREEMENT WITH THE MIAMI•DADE COUNTY STORMWATER UTILITY FOR SHARED STORMWATER MANAGEMENT FOR A PERIOD OF FIVE YEARS,COMMENCING OCTOBER BIG S"I NGS H 2014,AND ENDING SEPTEMBER HQ EE H IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FORTY-SIX THOUSAND THREE HUNDRED TWENTY TWO DOLLARS AND NO CENTS($346,322.00)ANNUALLY,PAYABLE FROM ACCOUNT 43-538340,A BUDGETED ITEM;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT STARTS JULY 19 TH AND REPEALER;PROVIDING FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE (first reading held on June 25,2014).Sponsored by CM, Additional information on the above item may be obtained in the Office of the City Clerk, 3400 NW 135th Street,Bldg.B,Opa-locka,Florida.All interested persons are encouraged to ENDS JULY 21 ST attend this meeting and will be heard with respect to the public hearing. PURSUANT TO FS 286.0105: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 For more info:www.kayakfioridakeys.com a record of the proceedings,and for that reason,may need to ensure that a verbatim record of the proceedings is made,which record includes tire testimony and evidence upon which the appeal may Florida Bay utfitters Inc. be based. Y � JOANNA FLORES,CMC MM 104 Key Largo 806 451.8018 CITY CLERK City of Opa-Locka Agenda Cover Memo Commission Meeting June 25, 2014 Item Type: Resolution Ordinance Other Date: X (EnterX in box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (EnterX in box) Yes No (EnterXinbox) X Public Hearing: Yes No Yes No (Enter X in box) Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No _ (En ter Acct No.) (Enter X in box) X ITEM BUDGETED: 43-538340-Stormwater YES_X_ Management,Other NO Conracted Services Contract/P.O.Required: Yes No RFP/RFQ/Bid#: (EnterX in box) X:MDC N/A Agreement Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (EnterX in box) X specific objective/strategy this item will Enhance Organizational E:1 address) Bus.&Economic Dev F-1 Public Safety p Quality of Education 0 Qual.of Life&City Image 0 Communcation 0 Sponsor Name City Manager Department: Public Works Shoo ride: Miami-Dade County Stormwater Management Utility Interlocal Five Year (5) Agreement effective October 1, 2014 through September 30, 2019. Agenda Cover-MDC Stormwater Management Interlocal Agreementl0/01/14-09/30/19 Page 1 Staff Summary: The current agreement for stormwater management with Miami-Dade County is scheduled to expire September 30, 2014. The new five (5) year agreement will commence on October 1, 2014 and end September 30, 2019. Proposed Action: Staff recommends approval. — ------- --- Attachment(s): 1. Miami-Dade County Stormwater Management Utility Agreement, Five Year (5) Agreement effective 10/01/14-09/30/19 2. Ordinance 10-18 3. Ordinance 12-10 Agenda Cover-MDC Stormwater Management Interlocal Agreement10/01/14-09/30/19 Page 2 kv 1401W Memorandum TO: Mayor Myra L. Taylor Vice Mayor Joseph L. Kelley Commissioner Timot y Holmes Commissioner Doroth` Johnso Commissioner Luis B. antia FROM: Kelvin L. Baker, Sr., City Manage�� DATE: June 12, 2014 RE: Miami-Dade County Stormwater Management Interlocal Agreement 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-LOCKA AND MIAMI-DADE COUNTY FOR A PERIOD OF FIVE (5) YEARS COMMENCING ON OCTOBER 1, 2014 AND ENDING ON SEPTEMBER 30, 2019 IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FORTY-SIX THOUSAND THREE HUNDRED TWENTY-TWO($346,322)ANNUALLY. Description: The current agreement for stormwater management with Miami-Dade County will expire on September 30, 2014. The new five (5)year agreement will commence on October 1, 2014, and will expire on September 30, 2019. 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. Account Number: 43-538340 - Stormwater Management, Other Contract Services 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. Implementation Time Line: On execution of the agreement, Miami Dade Stormwater Utility will present to the County Board of Commissioners for approval. The agreement will be effective from October 1, 2014 through September 30, 2019. Legislative History: Ordinance 10-18 and Ordinance 12-10 MDC Stormwater Management Interlocal Agreement 10/01/14-09/30/19 Page 1 Analysis: Miami-Dade County has proposed increasing terms of the City's agreement from two (2) to five (5) years to streamline contract with the other ten municipal standard five-year agreements. In addition,the five year cycles affords Miami-Dade County more time to evaluate the effectiveness of the maintenance program and treatments which subsequently allows more time to accommodate inspections, design, permitting, planning and remediation project that may arise under the Emergency Repair/Preventive Mitigation category. Recommendation(s): Staff recommends approval in order to be compliant with all applicable regulations pertaining to stormwater management and MS4 permit. Attachments 1. Miami-Dade County Stormwater Utility Interlocal Five(5)Year Agreement 2. Ordinance 10-18 3. Ordinance 12-10 Prepared bv: Esin Daniel Abia, Public Works Director Arshad Vigar,P.E., Public Works End of Memorandum MDC Stormwater Management Interlocal Agreement 10/01/14-09/30/19 Page 2 Public Works and Waste Management Department d Stormwater Utility Planning Division MIAM 701 NW 1'Court,a Floor ® Miami,Florida 3313&3912 T 305-372-8529 F 305-372-6425 Carlos A.Oimenez,Mayor miamklada.pov April 28,2014 Mr.Kelvin L.Baker,Sr.,City Manager City of Opa-locka 3400 N.W.135 Street,Building B Opa-locks,FL 33054 Re: Renewal of the Interlocal Agreement for Stormwater Management between the City of Opa-locks and Miami-Dade County Stormwater Utility for FY 2014/15 to 2018/19 Dear Mr.Baker: Please find enclosed for your review,approval,and presentation to your City's Commission,three originals of the five-year Interlocal Agreement for Stormwater Management(Agreement) between the City of Opa- locka (City)and the Miami-Dade County Stormwater Utility(Utility). The enclosed Agreement will replace the current two-year agreement,which expires Iater this year on September 30, 2014.This new five-year agreement will commence on October 1,2014,and expire on September 30,2019. We are proposing increasing the term of this Agreement from two(2)to five(5)years to streamline it with our other ten municipal five-year Agreements, and because five year cycles affords us more time to evaluate the effectiveness of our maintenance program and treatments. Additionally, the longer time period will better accommodate any inspection,planning,design,permitting,and remediation projects that may be contemplated under the Emergency Repair / Preventative Mitigation category. The City had previously requested a two-year term for the Agreement, versus the standard five-year term, since the initial Fiscal Year 2008/09 to 2009/10 Agreement Attachment"A"of the Agreement 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. Please note that the cycles of Emergency Repair/Preventative Mitigation(ER/PM)has been reduced from one per year to one every five years.This is reflected in a$95,000 decrease(the estimated total cost of one cycle of Emergency Repair/ Preventative Mitigation) in the total annual cost, from$548,603 to$448,403. The City's annual cost has also decreased,from$415,822 to$346,322.This$69,500 reduction is the City's cost-share of one cycle of ER/PM. The City's five-year cost, without ER/PM,would then be $1,731,611. If one cycle of ER/PM is performed,the City's maximum five-year cost would not exceed$1,801,111. Please return to us,three signed originals of the Agreement,and a copy of the City Commission's 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. Mr.Kelvin L.Baker,Sr. Page 2 Randall White of my staff,or me,can be contacted at(305)372-6688 if you have any questions. Sincerely, 1 Curt L.A.Williams,Manager Stormwater Utility Section Enclosure: Three Original Five(5)Year Interlocal Agreements Pc: Esin Daniel Abia,Department Director,City of Opa-locka Public Works Department Marina Blanco-Pape,P.E.,Division Director,Stormwater Utility Planning Division,PWWM Randall White,Project Supervisor,Stormwater Utility Section,PWWM MIAMI-DADE COUNTY, FLORIDA r FIVE (5) YEAR INTERLOCAL AGREEMENT between THE CITY OF OPA-LOCKA AND THE MIANII-DADE COUNTY STORMWATER UTILITY FOR STORMWATER MANAGEMENT MIAMI-DADE COUNTY STORMWATER UTILITY(305)372-6688 701 NORTHWEST FIRST COURT, SUITE 500 MIAMI,FL 33136 0 FIVE(5)YEAR INTERLOCAL AGREEMENT BETWEEN THE CITY OF OPA-LOCKA(CITY) AND THE M AM-DARE COUNTY STORMWATER UTILITY(UTILITY) FOR STORMWATER MANAGEMENT THIS FIVE (5) YEAR INTERLOCAL AGREEMENT, [the "Agreement"] by and between the Miami-Dade County Stormwater Utility, a public body corporate and politic, through its governing body, the Board of County Commissioners of Miami-Dade County, Florida [hereinafter sometimes referred to as "UTILITY",] and the City of Opa-locks, a Florida Municipal Corporation, through its governing body, the Opa-locks City Council of the City of Opa-locka,Florida [hereinafter sometimes referred to as "CITY",] is entered into as follows: WITNESSETH WHEREAS, Section 403.0893, Florida Statutes (F.S.), authorizes the establishment of stormwater utilities to plan, construct, operate, and maintain stormwater management systems; and WHEREAS, the Board of County Commissioners of Miami-Dade County, did, by adoption of Miami-Dade County Ordinances No. 91-66 and Ordinance No. 91-120, as amended by Ordinance Nos. 92-44 and 92-86, create a stormwater utility [hereinafter referred to as the "UTILITY"],and which UTILITY may operate within a municipality or municipalities; and WHEREAS, it is the intent of the UTILITY and the CITY, through this Agreement, to establish relationships and responsibilities for the maintenance of shared stormwater systems by the CITY and the UTILITY; and WHEREAS, the UTILITY and the CITY recognize that there are operating costs, as well as benefits,associated with maintaining shared stormwater drainage systems; and WHEREAS, the UTILITY and the CITY want to share these costs in proportion to the drainage area,the service provided, and the benefits received, Now, therefore, in consideration of the mutual promises and covenants contained herein and the mutual benefits to be derived from this Agreement,the parties hereto agree as follows: 2of11 ARTICLE I PURPOSES The UTILITY and the CITY enter into this Agreement to further the following purposes: (1) to protect and promote the public health, safety, and general welfare through the management of stormwater run-off; (2) to maintain and improve water quality and preserve and enhance the environmental quality of the receiving waters; (3) to control flooding that results from rainfall events; (4) to deter unmanaged rainwater from eroding sandy soils and causing sedimentation; (5) to deter the disruption of the habitat of aquatic plants and animals; (6) to promote intergovernmental cooperation in effectively and efficiently managing stormwater run-off; (7) to maintain and repair shared stormwater systems located within the limits of the drainage service areas 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. 3of11 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 Outlgays 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. 4of11 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 five (5) years commencing on October 1, 2014 and ending on September 30, 2019, 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 parry 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 2014-2015, 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 5of11 are included in this Agreement and presented as described in Attachment `B". Estimated total expenditures for the five (5) year term of this Agreement are also included and shall not be exceeded. D. The tasks and levels of service set forth in Attachment `B" may be adjusted by the UTILITY 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. 6of11 ARTICLE VI COMPENSATION/CONSIDERATION A. It is the intent and understanding of the parties that this Agreement is solely for the CITY and the UTILITY. No person or entity other than the CITY or the UTILITY shall have any rights or privileges under this Agreement in any capacity whatsoever, either as a third- party beneficiary or otherwise. ARTICLE VII DEFAULT CITY Event of Default Without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by Force Majeure, shall constitute a "CITY event of default". The UTILITY shall not be required to provide one year prior notice as required under Article IV before terminating this Agreement for default. If the UTILITY determines that a CITY event of default has occurred, the UTILITY shall provide written notice of such default to the CITY and allow the CITY a thirty (30) calendar day period to rectify the"CITY event of default". In the event that the UTILITY.determines that the CITY event of default has not been rectified, the UTILITY shall have the right to terminate the Agreement with the following cumulative and independent rights and remedies: 1. The right to declare that this Agreement together with all rights granted to the CITY are terminated,effective upon such date as is designated by the UTILITY. 2. Any and all rights and remedies provided under federal laws and the laws of the State of Florida. UTILITY Event of Default Without limitation, the failure by the UTILITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by Force Majeure, shall constitute a "UTILITY event of default". The CITY shall not be required to provide one year prior notice as required under Article IV before terminating this Agreement for default. If the CITY determines that a UTILITY event of default has occurred, the CITY shall provide written notice of such default to the UTILITY and allow the UTILITY a thirty (30) calendar day period to rectify the"UTILITY event of default". In the event that the CITY determines that the UTILITY event of default has not been rectified, the CITY shall have the right to terminate the Agreement with the following cumulative and independent rights and remedies: 1. The right to declare that this Agreement together with all rights granted to the UTILITY are terminated, effective upon such date as is designated by the CITY. 7ofII 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. 8of11 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 INDENMIFICATION The CITY shall indemnify and hold harmless the UTILITY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the UTILITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of,relating to or resulting from the performance of this Agreement by the CITY or its employees, agents, servants, partners, principals or subcontractors. CITY shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the UTILITY, where applicable, including appellate proceedings, and shall pay all costs, judgements and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla. Stat., subject to the provisions of that Statute whereby the CITY shall not be held liable to pay a personal injury or property damage claim or judgement-by any one person which exceeds the sum of$200,000, or any claim or judgement or portions thereof, which,when totaled with all other claims or judgement paid by the CITY arising out of the same incident or occurrence, exceed the sum of$300,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the CITY. The UTILITY does hereby agree to indemnify and hold harmless the CITY to the extent and within the limitations of Section 768.28 Fla. Stat., subject to the provisions of that Statute whereby the UTILITY shall not be held liable to pay a personal injury or property daxnage claim or judgement by any one person which exceeds the sum of$200,000,or any claim or judgements or portions thereof, which, when totaled with all other occurrence, exceeds the sum of$300,000 from any and all personal injury or property damage claims, liabilities, losses and causes of action which may arise solely as a result of the negligence of the UTILITY. However, nothing herein shall be deemed to indemnify the CITY from any liability or claim arising out of the negligent performance or failure of performance of the CITY or any unrelated third party. 10 of 11 IN WITNESS THEREOF,the parties hereto through their duly authorized representatives hereby execute this Agreement. Attest: CITY OF OPA-LOCKA, FLORIDA 3400 N.W. 135 Street,Bldg.B Opa-locks,FL 33054 Attn: Mr. Kelvin L. Baker, 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-DARE 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 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°r6 2. Miami-Dade County 0.50 (0.50) 33% f � K wvwu M � NW 801Ff AVE o y " AL m m � 3nvNUSAw 3AV N14 tP � ivNVO ovoa ova C 2 f 3Z r 3 O 3A w,vd � vo X. mwq _ m E 4TH AVE D v 3AV Fa.(.•MN m s � " n � Z EM AVE 3 NW AVE 1iMIampMN_ a $ 9n a ROAD = 3 r 0 o r = NW»„imE a — O Z $ Z -tt v a lc 0 z G) o _ 3fM mm Ems a .... am mm � m � W O O a c CO) n v a � >> m'w mZ R > � and o � anva MH 1 3AV NUt" NW AVE CANAL G,P o o �'kv p 0 � a Ei c o m z pp S Z " z u 2s e Z m N v ; a 7(T AdX399I i a x(3981 1X3981 m N O m � m N W 7Na AVE ATTACHMENT "B" Five (5)Year Cost Share Table (see attached exhibit) ATTACHMENT"B" CITY OF OPA-LOCKA Canal Maintenance Estimated Costs(FY 2014/15 to 2018119) 5. Culvert Cleaning-Above Water Cycles per Year Munici ali Canal Name 1 2 3 4 %Share Cost Burlington (from NW 22 Ct to 26 Ave) $200 $400 $600 100 $800 Spur#1 (from Biscayne to NW 27 Ave) $600 $1,200 $1,800 46 $1,104 Opa-locka(from NW 27 Ave to 47 Ave) $1,000 $2,000 $3,000 100 $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, 00 • $8,048 City Cost at Current Level of Service(4 cycles) Culvert Cleaning-Below Water Cycles per Year MuniciDality Canal Name 1 2 3 4 % Share Cost Burlington (from NW 22 Ct to 26 Ave) $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) ' $4,800 $7,200 $9,600 100 $2,400 127 Street(from NW 27 Ave to 45 Ave) $3,840 $5,760 $7,680 67 $1,286 sub-total $12,4801 $18,7201 $24,9601 $4,829 City Cost at Current Level of Service(1 cycle) 8Z Mechanical Harvesting (submerged, emergent, and bank acres treated) Cycles per Year Munici ali Canal Name 1 2 3 4 %Share Cost Burlington (from NW 22 Ct to 26 Ave) $5,592 $11,185 $22,369 100 $16,777 Spur#1 (from Biscayne to NW 27 Ave) $23,760 $47,520 $95,040 46 $32,789 Opa-locka(from NW 27 Ave to 47 Ave) $40,800 $81,600 $163,200 100 $122,400 127 Street(from NW 27 Ave to 45 Ave) $39,900 $79,800 $159,600. 67 $80,199 sub-total $110,052 $220,105 $440,209 $252,165 City Cost at Current Level of Service(3 cycles) INN., - VW Chemical/Herbicide Treatment(submerged, emergent, and bank acres treated) Cycles per Year Munici ali Canal Name 1 2 3 4 % Share Cost Burlington (from NW 22 Ct to 26 Ave) $1,118 $2,237 $3,355 100 $4,474 Spur#1 (from Biscayne to NW 27 Ave) $4,640 $9,280 $13,920 46 $8,538 Opa-locka(from NW 27 Ave to 47 Ave) $7,800 $15,600 $23,400 100 $31,200 127 Street(from NW 27 Ave to 45 Ave) $7,760 $15,520 $23,280 67 $20,797 sub-total $21,3181 $42,6371 $63,955 1 $65,008 City Cost at Current Level of Service(4 cycles) VZS,9WQ B ATTACHMENT"B" CITY OF OPA-LOCKA Canal Maintenance Estimated Costs (FY 2014115 to 2018119) Mowing -Flat Cycles per Year Munici ali Canal Name 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 46 $0 Opa-locka(from NW 27 Ave to 47 Ave) $624 $1,248 $1,872 100 $2,496 127 Street(from NW 27 Ave to 45 Ave) $1,144 $2,288 $3,432 67 $3,066 sub-totall $1,7681 $3,5361 $5,304 $5,562 City Cost at Current Level of Service(4 cycles) Mowing-Slope Cycles per Year Munici 3ality Canal Name 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 46 $0 Opa-locka(from NW 27 Ave to 47 Ave) $600 $1,200 $1,800 100 $2,400 127 Street(from NW 27 Ave to 45 Ave) $700 $1,400 $2,100 67 $1,876 sub-totall $1,3001 $2,6001 $3,900 $4,276 City Cost at Current Level of Service(4 cycles) IMMI Obstruction Removal(contingency) Cycles per Year Munici al' Canal Name 1 2 3 4 %Share Cost Burlington (from NW 22 Ct to 26 Ave) $1,280 $1,920 $2,560 100 $640 Spur#1 (from Biscayne to NW 27 Ave) $3,840 $5,760 $7,680 46 $883 Opa-locks(from NW 27 Ave to 47 Ave) $2,560 $3,840 $5,120 100 $1,280 127 Street(from NW 27 Ave to 45 Ave) $2,560 $3,840 $5,120 67 $858 sub-totall $10,240 $157360 $20,4801 $3,661 City Cost at Current Level of Service (1 cycle) Flood Control Structure Maintenance Structure Name Cycles 3er Year o Munici ali /o Share 1 12 26 52 are Cost NW 127 St Canal Structure/Minton Dam $345 gjjj#M $8,970 $17,940 67 $2,774 sub-total $345 $8,970 $17,940 $2,774 City Cost at Current Level of Service(12 cycles) 1JIF111.110 #,I ATTACHMENT"B" CITY OF OPA-LOCKA Canal Maintenance Estimated Costs (FY 2014/15 to 2018/19) `Emergency Repair/Preventative Mitigation (contingency) Cy cles Munici ali Canal Name 1 2 3 4 % Share Cost Burlington (from NW 22 Ct to 26 Ave) tI4# 0!' $40,000 $60,000 $80,000 100 $20,000 Spur#1 (from Biscayne to NW 27 Ave) ,$ _ $70,000 $105,000 $140,000 46 $16,100 Opa-locka(from NW 27 Ave to 47 Ave) : $40,000 $60,000 $80,000 100 $20,000 127 Street(from NW 27 Ave to 45 Ave) _�;: _ $40,000 $60,000 $80,000 67 $13,400 sub-total'4 $9,500© $190,000 $285703-67280,0001 1 $69,500 City Cost at Current Level of Service(1 cycle) [rilv x;500 TOTAL ANNUAL COST $453,603 MDC STORMWATER UTILITY ANNUAL COST $107,280 MDC STORMWATER UTILITY 5-YEAR COST $536,402 MDC STORMWATER UTILITY 5-YEAR COST WITH 1 CYCLE EMERGENCY REPAIR $561,902 CITY OF OPA-LOCKA ANNUAL COST Annuall $346,322 CITY OF OPA-LOCKA 5-YEAR COST 5-Yearl $1,731,611 CITY OF OPA-LOCKA MAXIMUM 5-YEAR COST WITH 1 CYCLE EMERGENCY REPAIR $1,801,111 Requires City's written approval of cost-share estimate prior to performance of any such work(e.g.culvert blockage removal after a storm,canal bank stabilization,headwall repair)on the canal and its related appurtenances,in order to invoice the City for the work.Total cost=$95,000:Opalocka=$69,500&MDC SWU=$25,500 0 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-locks Code of Ordinances. PASSED AND ADOPTED this 9h day of May,2012. MYA TAYLOR MAYOR 3 Ordinance No. 12-10 test to: )LA, J46na Flores I terim City Clerk Appr ved as to Orin d legal Buff cy: J s h 1 er i Atto ey Moved by: VICE MAY 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 ( THE MIAMI HERALD REACH US NEIGHBORHOOD NEWS EDITORIAL a MIAMI-DADE much more. nary to access the page. The museum is located ever White House LGBT SSubiorborl More ia Joan Chr MDC SET TO HOST Mum The Virtual Open For more information,call at 3280 South M Ave., Conference on Aging,a ;05.376-2635 House in an electronic 305-237-8888. Miami,FL 33129.The mu- day-long symposium that VIRTUAL OPEN HOUSE jcfr5ws@tfaniHerald.can alternative to traditional .MIAMI-DADE Seum is open every day will tackle the unique Editor Learn about hundreds open houses,which are DNA DAY AT MIAMI from 10 a.m.until 6 pm needs of the aging LGBT Tee Figuieras Neyete of exciting degree and still held at each campus Admission is free for population.The confer- 305-31&1556 SCIENCE MUSEUM tfiamiHerald corn certificate programs avail- throughout the academic MiaSci members and ence is free of charge and able at Miami Dade Col- year.The event will pro- The University of Mi- children under 3;students takes place at the Univer- Ikrl"It Christina Vei9a. lege(MDC)without leav- vide information about anti and the Miami Sci- (with valid ID),seniors sity of Miami 305-376-2029:CW93@Niarni mg the comfort of your college Programs,admis- ence Museum have (62-)and children 342, The event comes at a Herald.conr @C eW w Twitter home or office during the sons,financial aid,schol- teamed up to bring you ;10.95;adults are$14.95. time of renewed focus on YaW sacra Fifth Annual Virtual Open arships,and much more. another exciting day of Parking is free. the challenges and vul- spodsvcrne@'NiarniHmIdmm House,on May 9,from 10 In addition,prospective hands-on activities.Ever nerabilities of a growing Hews School Hs am to 8 Pm students will have the wonder what DNA is and `MIAMI-LADE LGBT senior population. sc ookevnL-merrilileradcorn College representatives, opportunity to communi- what it looks like?What WHITE HOUSE LGBT 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 lace from 9 adwwba able via live chat to dis- financial aid advisors,as crimes?Find out the fun tion is focusing national am to 5 pm at the Uni- 505-376-2707 cuss hundreds of pro- well as students,about a way at DNA dayl attention on the issues versity of Miami Clinical but Im m grams leading to bache- variety of college pro- DNA Day activities are facing lesbian,gay,bisexu- Research Building,1120 305-376-3n9 lor's and associate de- grams and services. free to the public al and transgender se- NW 14th St,Miami.Space Solsaee 9rrtc grees that lead to To register for the For more information niors. is limited,and reserva- j=00-11,113-4372 in-demand jobs,continu- MDC Virtual Open about the current muse- On May 7,the White lions are required. ing education and proles- House,visit um or its future home,the House Office of Public For further information, fir' sional development cours- www mdcedu/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 miamiscLorg or call of Miami Center on Ag- go usa gov/mGN or con- stitute,financial aid,and word,as it will be neces- 305446-4200. ing,will convene the first- tact LGBT iilwho eop gov. 4 , CITY OF OPA-LOCKA,FLORIDA Take interest NOTICE TO THE PUBLIC /10110E % "Bily SIM that The City Commisalat of the City of Opa-locks. Flonda in our CD specials. win told a pudic hearing at fa Regular Commission Meeting on Wednesday. May 09, 2012 at 7:00 p.m. at the Opo-bcka Municipal Complex, 780 Fisheirm n Street, 2nd Floor. Ope-locka, Fonda to consider the fdldwing ordinance for final adoption: �� � 5 . °° 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 MIAMI-DADE COUNTY STORMWATER LMUTY FOR 1.05° 1.3 CONTRACT SERVICES PERTAINING TO STORMWATER MANAGEMENT AND MAINTENANCE OF Ssoa MiNiMUM LSaO MINIMUM S14ARED 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(5346322.00)ANNUALLY,PAYABLE FROM ACCOUNT 43-538340;PROVIDING FOR INCORPORATION OF RECrrALS;PROVIDING Coll or visit care ojaur ronvenfent lamtlons Open Saturdays FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN Coral Springs(954)340-4032 EFFECTIVE DATE(first reading held on April 11,2012). Plarrtatlon(954)472.6039 1 Pembroke alines(954)430-6059 Adddionel Information on the above item may be obtained in the Office of the City Clerk.781 Hallandale(954)457.2488 Rstnrmen Street.4th Floor,Ope-locks,Florida.All interested persons are encouraged to attend e« this meeting and will be heard with respect to the public hearing. FDIC t h i r d f e d e r a 1.c o m — PIR9IAMT M FS 28 MOS:Arryme who desires to appeal any derision made by arty board,agency.or 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,which record includes the testimony and evidence upon which the appeal may be based. 4•. AOKA MANS,CIVIC 111111191110111 CITY CLERK CD.,.Lpen w^^�r F,.o.y-w�.Lo.d.Ia",.b.ac.b.y aa.y i:,..i,.d�n...daccvd'.p n nxc mwav nq.�n+.,n 01Cr]'I.Ar.d.i.l City of Opa-Locka Agenda Cover Memo Commission Meeting 4/11/2012 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 (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#: (Enter X 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 p Bus.&Economic Dev 171 1. Help maintain canal. Public Safety 2. Help flood management Quality of Education p 3. Help MS4 permit Comliance Qual.of Life&City Image E3 with the State of Florida. Communcation p 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 MEMORANDUM TO: Mayor Myra L.Taylor Vice-Mayor Dorothy Johnson Commissioner Timothy Holmes Commissioner Rose Tydus Commissioner filler FROM: Bryan K.Finm Cit ager DATE: March 29,20 RE: Interlo I 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 r mms 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 0 TWO(2)YEAR INTERLOCAL AGREEMENT BETWEEN THE CITY OF OPA-LOCKA(CITY) AND THE MIAMI-DAVE COUNTY STORMWATER UTILITY(UTILITY) FOR STORMWATER MANAGEMENT THIS TWO (2) YEAR INTERLOCAL AGREEMENT, [the "Agreement"l 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"j and the City of Opa-locka, a Florida Municipal Corporation, through its governing body, the Opa-locks City Council of the City of Opa-locka,Florida[hereinafter sometimes referred to as "CITY",l is entered into as follows: WITNESSETH WHEREAS, Section 403.0893, Florida Statutes (F.S.), authorizes the establishment of stormwater utilities to plan, construct, operate, and maintain stormwater management systems; and WHEREAS, the Board of County Commissioners of Miami-Dade County, did, by adoption of Miami-Dade County Ordinances No. 91-66 and Ordinance No. 91-120, as amended by Ordinance Nos. 92-44 and 92-86, create a stormwater utility [hereinafter referred to as the "UTILITY"],and which UTILITY may operate within a municipality or municipalities;and WHEREAS, it is the intent of the UTILITY and the CITY, through this Agreement, to establish relationships and responsibilities for the maintenance of shared stormwater systems by the CITY and the UTILITY; and WHEREAS,the UTILITY and the CITY recognize that there are operating costs,as well as benefits,associated with maintaining shared stormwater drainage systems;and WHEREAS, the UTILITY and the CITY want to share these costs in proportion to the drainage area,the service provided, and the benefits received, Now, therefore, in consideration of the mutual promises and covenants contained herein and the mutual benefits to be derived from this Agreement,the parties hereto agree as follows: 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 11 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 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. 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 storrrrwater 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 tern 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 It 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 9of11 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,4a'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-locks,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 11 of 11 ATTACHMENT "A" A.l -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 (006+0.06) 1 0 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) r_4767/7 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) 1 100% 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) r 67 77 2. Miami-Dade County 0.50 (0.50) 33% 2ND 3AV ONZ W o Z� ~ W N — 195 E%PV 196 EXT 3 195 E%PY 1%: < ¢ r a _ m Z a IE m w W � r < f° < rr _ _ x O a ■U a a 5 a z Y w v v x f f i 0 n 0 0 z WWII e J n E z ~ a tibJ` c Z 7 IVNWVO 3Ad MN' d� NW 171H AVE N N N � NW 22 DAVE _ gg S gpUR# CANAL co Q = 6 4 8 G ` W ui Z QAV rn Z ZJ ! I) '^ E OQr ° O '; MM N W � VE a ° NW 22ND _ QNW 32 DAVE n - E Og O Q o R E 6 Z � LL W V! OZ IQ^ $ ii. 3AV H1LC MN V U J U Z r _ J V a Z O Dd D:,s� a Z Q ° W z a0 z Z Q NW 42ND AVEQ E 3AV H193 3Atl ONZ MN W. V Q k J ILLUI w NW 47TH AVE Q w - 5AVv 3 W Q W V O d � PALM VE � � a Z a � p NwsriNH AVE RED ROAD CANAL AVE VN r = N Y 3Atl H10B MN yy i M AVE Q � la1AMt V,ICEWA N � � � 3 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 2013114) Selected Level ofSerVk a Shown Shaded;:' Culvert Cleaning-Above Water Canal Name Cycles per Year Munici alit 1 2 3 4 %Share Cost Burlington(from NW 22 Ct to 26 Ave) $200 $400 $600 : 0 100 $800 Spur#1 (from Biscayne to NW 27 Ave) $600 $1,200 $1,800 ?62,400 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 1 $8,048 City Cost at Current Level of Service(4 cycles) 048 Culvert Cleaning-Below Water Canal Name Cycles r Year o Munici alit /o 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$1"440' $2,880 $4,320 $5,760 46 $662 Opa-locks(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) L $1;020 $3,8401 $5,760 $7,6801 67 $1,286 sub-total $62401 $12,4801 $18,720 $24,9601 1 $4,829 City Cost at Current Level of Service(1 cycle) $4,828 Mechanical Harvesting(submerged,emer lent,and bank acres treated) Cycles per Year Munici lity Canal Name 1 2 3 4 %Share Cost Burlington(from NW 22 Ct to 26 Ave) $5,592 $11,185 '`.$11;,77 $22,369 100 $16,777 Spur#1 (from Biscayne to NW 27 Ave) $23,760 $47,520 $71,28{): $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 $118,700 1 $159,600 1 67 $80,199 sub-totall $110,0521 $220,105 43 15Z $440,209 $252,165 City Cost at Current Level of Service(3 cycles) E_$252,1$5 Chemical/Herbicide Treatment(submerge emergent,and bank acres treated Canal Name Cycles per Year Munici lit 1 2 3 4 %Share Cost Burlington(from NW 22 Ct to 26 Ave) $1,118 $2,237 $3,355 :.c !$4,474 100 $4,474 Spur#1 (from Biscayne to NW 27 Ave) $4,640 $9,280 $13,920 $18.1560 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 $34,040: 67 $20,797 sub-total $21,318 $42,637 $63,955 $$;274, $65,008 City Cost at Current Level of Service(4 cycles) --5661008 ATTACHMENT"B" CITY OF OPA-LOCKA Mowing-Flat Canal Maintenance Estimated Costs(FY 2012113 to 2013114) Canal Name Cycles per Year I Munici alit 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 $0 160 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 1 $3,432 $4;576; 67 $3,066 sub-totalL_$1,7681 $3,5361 $5,304 $7,072 $5,562 City Cost at Current Level of Service(4 cycles) ,$t32 Mowing-Slope Canal Name Cycles Per Year Munici it 1 2 3 4 %Share I 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-locks(from NW 27 Ave to 47 Ave) $600 $1,200 $1,800 $2,4pp 100 $2,400 127 Street(from NW 27 Ave to 45 Ave) $7001 $1,400 1 $2,100 $4,900, $1,876 sub-total $1,3001 $2,6001 $3,900 $5:$5;200 1 $4,276 City Cost at Current Level of Service(4 cycles) Obstruction Removal(contingency) Canal Name Cycles per Year Munici lit 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, 80 $2,560 $3,840 $5,120 67 1 $858 sub-total $,5;120 $101240 $15,3601 $20,4801 $3,661 City Cost at Current Level of Service(1 cycle) $3,t3ti1 Flood Control Structure Maintenance Structure Name C cles er Year Munici ality 1L- 121 261 52 %Share Cost NW 127 St Canal Structure/Minton Dam $345 ?:r�s_;A IM $8,970 $17,940 67 $2,774 sub-total $345[- ' _JAD $8,9701 $17,940 $2,774 City Cost at Current Level of Service(12 cycles ;''- 52,774 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 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 Public Warps and Waste Management Department Does not include aesthetic cleaning such as debrls or litter rernoval Ist Reading: June 23, 2010 ? Reading/Public Hearing:July 14, 20 It) Adapted: July 14. 20M Effective Date:July 14, 2010 Stwnsored By: Cite !Manager ORDINANCE NO. 10-18 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA; AI..-THORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A TWO-YEAR INTERLOCAL AGREEMENT WITH THE MIAMI-D.ADE COUNTY STORM"N:ATER UTILITY FOR CONTRACT SERVICES PERTAINING TO STORM«ATER MANAGEMENT AND MAINTENANCE OF SHARED STORMWATER DRAI`AGE SYSTEMS IN AN :ANIOU T NOT T'O EXCEED THREE HUNDRED FORTY-SIX THOUSAND THREE HUNDRED TWENTY-TWO DOLLARS AND NO CENTS OSM6,322.001 ANNUALLY. PAYABLE: FROM ACCOUNT 4-4-538340; PRODDING FOR CONFLICT AND REPEALER; PROVIDING FOR SLVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. the Water Re,our, , .pct of 19-2, as set forth in Chapter 3 73, Florida Statuicti, e,tahlishcd and authonzed local tutor management districts to manage Florida's ri4ers. lake,and canal: and WHEREAS. Section 403.W)3. Florida Salutes (F.S.f. authorizes the establishment of ,tornmater utilities it) plan, construct. operate and maintain form% ater management sysletns; and WHEREAS. the Board of county Commissioners of Miami-Dade County. did by adoption of Miami-Dade County Ordinances Nil. y 1-fib and Ordinance No 91-120. as amended by Ordinance No 92-44 anJ 92-8(1. create it _iorrnixatcr utility Ihe.reinafter referred It) a� 1110 "UT11-ITY"I .utd %k hich UTILITY fiat operate irtthir, .t rnunk-1palrly or municipalitics; and Ordinance No. 10-1`? WHEREAS. it is the intent of the t 7IL ITY and the CITY, throukh this Agreement, te? establish relationships and responsibilities for the mainuenance of shared slormwat r system, by the CITY and the UTILITY; and WHEREAS.the UTILITY and the CITY reco=nize that there are operating costs,as«yell as henefits associated with maintaining shared stormwater drainage system, and a desire to share these costs in proportion to the drainage area, the service provided and the benefits received by each pan; and WILEREAS, the City Commission of the City of Opa-locka("City Conunissicn"1 desires to enter into a Two i2) Year Interlocal Agreement with 'Miami-Dade County which outlines respecti.e responsibilities for the maintenance of stared aormwater systems by the CAN and Miami-Dade County: and WHEREAS. the City Commission has determined that it is in the hest interest of the citizens and residents of the City to approve the authoniat.ion and execution cif the Interlocal Aereement twtween the Cav and Nliaini-Dade County for tormt\ralcr management; THE COMMISSION OF T1iE CITY OF 0PA-LOCK-k HEREBY ORDAINS: Section t. Inca 2ration of Recitals: The foregoing recitals .ire hereby ratified and confirmed as being true, and the same are hereby made a slx.cific part of this Ordinance. Section 2. Authority of Cit v Manat~cr: Pie City CWT nission of the City of Opa- Iocka hereby authorizes the City Mana cr to enter into the Two (21 Year It.terlocal Agreement between the City of Opa-locka and the 4liarni-Dade County Stonn�+ater utility for stormaater management and maintenance of .hared storntwater sy.sterns in an amount not to exceed Thre Hundred Forts-Six Tlwusand Three Hundred Twen(.-two Dollars and no cents tS?46,3220)) :�s Ordinance No. 10-18 set firth in fixhibit "A", together with such non-material changes as may be acceptable to the Cily 'Manager and approved as to form and legality by&l e City Attorney. Section 3. Conflict: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. Severabif iy: if any section, subsection. sentence, clause, phrase or portion of this Ord mx.cc is for any reason held invalid or unconstitutional by any ;:ourt of �otnpetent jurisdiction. such portion shall he deemed it separate, distinct and independent pr(j-6sion and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. Effect.ve Date: Tthi Ordinance shall. ulx-)n adoption. be. codified in the City of Opa•locka Cod;. of Ordinances and shall become effective a. specified by the Cite of Opa locka('ode of Ordinances. PASSED AND ADOPTED this 14 day of Jul-.. 2010. J6-,S Pll L. KELLEY MA'1�R Attest: Approved as4t,form and legal sufficiency: _ t>torah S. Irby S.Geller, Esq. C ttv Clerk ! Clay Attornev 1 - Oi linance No. 10-15 Mo%ed by: HOLMES Seconded by: 101PINIS(1N Commission Vote: Tydus: YES Commissioner Holmes: YES Commissioner Johnson: YES Vice-Mayor Taylor: YFS Mayor Kelley: YES ,491- A Department of Environmental Resources Management CJ v,sun , IJAM 0! MjD -W NW 151 CojfL S'e 4130 M*M, Horid) 33136-!4'1.� Alviwz,Mayor June 16,2010 rniamida&gm Mr. Clarance Patterson,City Manager City of(spa-locka 7120 Fishei inan Street.4'Floor Opa-Wka. Florida 1,3054 Re: Renewal of the Storni%ater Management Inierlocal Agreement betweer.the City of Opa-kcka and Nliairu-Dade County(Stormwater Utility)for FY 2(,110/11 and 201 li1-7 IX�aTlklr. Patterson Flk!ase find enckosed for your review. approval, and presentation jr) our City's Cori-irm ssiun. four copies of the Interlocal Agreement for Storm%%.ver Management tAgreement) between the City of Opa-locka iCitt ) and the Miami-Dade County St ormAater Utiltty iUtiliv; which replaces the previous 4';-i-ear agreement -..ihrnlaed to the City on March 17,2010r. As requeszed by the City's Commission, the encloses Agreement is for two fiscal years. from October 1, 201f,to September 30, 2011 It will r,-place the current agreement which expire; on September 30. 21010 Attaci.nkent "A" includes a Canals and Drainage Basin Areas Map, \xhiLl-h depicts the rea� in r.•°°° square mfle that we ser,,,icebltlralned by e2ch canal near or within the Ov. boundaries. TK- Percent Share Table, also in Attachment -A". uses the square nules 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 .Attachment "B" to determine (he cost share for the maintenance of each canal These coNis are mt\imum c�-nnikitej cost,,, a; the. (',-vuntv bills onk for wn.r� performed, 4- based or, (tur preViMjs discussions, three �_i cycles of Nlechanicai Harvesting %ii! be perfOrmed per year-The total annual Co, . Agreement is 1453,603. of which the Utility it of the resNnsible for 5107,280 The City's annual co.,t will not exceed S;46.?22, while the Cin two maximum two cos( is$69'2,644. Please return to its, three signed copies of 'he Agreement. and a ci�py of the City Rcsolwion a uthon zing the City Manager to enter into the Agreement. A fully signed and Board of Oviirri,, Commissioners executed Nureerneni will be returned to you far your records. Pleax convict Randall Whi!L°of niv ,raft or rix it 00 '572-6,616. Sincerely, --- Curt I A. Williams. Manaze- StormAijier I'lilitv Section F,)closure:Two(2) Year In-eriocal Agreement Pe. Marina NaIIL:ti--Pape. P.L.,Chief,Witter Management Division. DERM Randall White. Project Supervisor.Stormwater Utility Section,DERM MIAMI-DADE COUNTY, FLORIDA g IAM TWO (2) YEAR INTERLOCAL AGREEMENT between THE CITY OF OPA-LOCKA AND THE MIAMI-DADE COL NTY STOR4MA`t'ER UTHATY FOR STORRiWATER MANAGEMENT A11AA1I-DADE C'Ot�\TY STOR IW kTER l"llf-rn' �305 i 3 2-6656 DEPAR-FX'IENT OF ENVIRONML T'AL RFSOURC ES NIAN_DEMENT 70I NORTHWEST FIRST COURT,SUFFF.400 ti9IAMI, Fi_ 33136 TWO(2)YEAR INTERLOC AL AGREEtitENT BET"TEN THE CITY OF OPA-LOCKA!CITY) AND THE WAIN11-DADS COUNTY STORMWATER C[ILITY (1.71LI'm FOR STORI►IVtiATF.R MANAGEMENT THIS TWO (2) YEAR INTERLOCAL. AGREEMENT. [the "Agreement"I 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 a-. "UTILITY",) and the City of Opa-locka, a Florida Nltmtcipal Corporation, through its governing body, the Opa-locks City Commission of the City of Opa-locka. Florida[hereinafter sometimes referred to as "CITY".] is entered into as follows: %ITNESSETH WIERF.AS, 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 .l!T1LCI'Y"),and which UTILITY may operate within a municipality or municipalities;and WHEREAS, it is the uitent of the LITILITY 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 WI IEREAS. the UTI1-ITY and the CITY recognize that there are operating costs, at well as benefits,associated with maintaining shared su>rmwater drainage systems; and WHERLAS, the U'ru.[TY and the CI'T'Y want to share these costs in proportion to the drainage area,the ser-vice 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: ' of I I 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 tun-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 UTILfIY and the CITY to share and allocate the cost of maintaining and repairing shared siormwater drainage systems as stated in (7),above. ARTICLE II DEFINITIO\S 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. Pity Stormwater Utility Budget shall mean the CIT'Y'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. 3ofII Utility Stormw•ater Budget shall mean the UTIL.I"TY'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 Citv shall mean those portions of the actual maintenance and operating outlays budgeted by the LTILITY 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 I ITILITY based on the L►TiLITY'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. Cvtai Outlay s shat 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 (TTY or to the L fILITY shall be that amount prorated, plus interest charges and administrati%c 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 begiruning on October I and ending on September 30 of the following year. Force Maieure 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 i 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. 4 ofII Project titan"er 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 Pmject Manacers. ARTICLE III STATE.%1ENT OF WORK The CITY AND the UCILI'l Y shall fully and timely perform all wnrk tasks described to this Statement of Work: The CITY shalt maintain and repair shared stor nwater 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 pro-,iding 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 stomiwater runoff contribution to the UTIL.ITY'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 AGREENIE NT The term of this Agreement shalt be for a period of two (2) years commencing on October 1, 1-010 and ending on September 30, 2012, provided, however, either party may terminate this Agreement without cause prior to the expiration date upon one (1) year's advance written notice to the other party of its decision to terminate this Agreement. ARTICLE V CITY AND UTILITY RESPONSIBILITIES A Upon the request of either the CITY or the t;TILITY, each shall ;hare 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. Paymcnts 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 V1 CONIPENSATIONWONSIDERATION 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. 6of 11 ARTICLE'x`11 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 1-V before terminating this Agreement for default. The UTILITY may terminate this Agreement immediately after issuing written notice of default to the CITY. If a CITY event of default occurs, the UTILITY shall have all of the following cumulative and independent rights and remedies: 1. The right to declare that this Agreement together with all ntahts granted to CITY are terminated,effective upon such date as is designated by the UTILITY. 2. Any and all rights and remedies provided under federal laws and the law s of the State of Florida. UTILITY Event of Default Without limitation, the failure by the UTILITY to substantially faltill any of its material obligations in accordance with this Agreement, unless such failures are justified by Force Nlajeure, shall constitute a "L,r17LITY event of default". The CITY shall not be required to provide one year prior notice as required under Article IN'before terminating this Agreement for default. The CITY may terminate this Agreement immediately after written notice of default to the UTILM' If a UTILITY event of defaua occurs, the CITY shall have all of the following cumulativc 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 GON'ERNING I.A%k' This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The LTILITY 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 oil 1 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 REPRFSENTATIOti OF CITE' 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. 8of11 ARTICLE XIII REPRESENTATION OF UTILITY The UTILITY represents that this Agreement has been duly approled, executed and delivered by the Board of County Commissioners, as the governing body of the 1_771LITY, 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'ater time or of any other right under this Agreement. ARTICLE XV INVALIDITY OF PROVISIONS,SEVERABILITI Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. ARTICLE XVI INDEPENDENT CONTRACTOR The CITY shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant, or employee of the UTILITY CITY shall have control of the work performed in accordance with the terms of this Agreement and of all persons performing the same, and CITY shat: 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, smant, 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 Agreemert shall be construed as creating a partnership or joint venture between the UTILITY and the CI'T'Y. 9 of 11 ARTICLE XN11 INDEMNIFICATION The CITY shall indemnify and hold harmless the UTILITY and its officers, employees, agents and instrumentalities from any and all liability, tosses 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 II IN WITNESS THEREOF,the parties hereto through their duly authorized representatives hereby execute this Agreement. Attest: CITY OFOPA-LOCKA,FLORIDA 780 Fisherman Street,4't'Floor Opa-locks, FL 33054 Attn: Clarance Patterson,City Manager (305)453-2823 Authorized signature on behalf City Clerk, ate of the City of Opa-locka,Florida. i City Manager Date MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA AS GOVERNING BODY OF THE MIAMI-DADE COUNTY STORNIWAj R UTIL I � Mayor or Mayor's Date Designee Stephen P. Clark Center 111 N.W. 1 Street Miami,Florida 33128 HARVU.RVV1N, CLERK Attest':C,C`f By. (4;t_ t mot?-! // !—}-/ '-e/ De Oerk. 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 ARC(889 MILES,) SUB-AREAS %SHARE BURLINGTON CANAL(NW 22 Ave.to NW 26 Ave.) 1.Opa-Ioeka 012 (0.06+0.06) 1 100% 2.Miami-Dade County 000 0 0% SPUR 61 CANAL(Biscavne Canal to NW 27 Ave.! 1.Opa-locka 063 (0 21+0.24+0 04+0.06+0 05.0.02) 1 46°c 2.Miami-Dade County 074 (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) r—TMTI.-1 2. Miami-Dade County 0.00 0 0% NW 127 STREET CANAL(NW 27 Ave.to NW 47 Ave.1 1.Opa-locka 1.02 (0-53+049) 67 2.Miami-Dade County 0.50 (0.50) 33% Alk WYM AV Intro avow""an c c , ic L spi m OWN"" mm 5714 AV 0 3M AV C) 0 4-A AV rL > 0 cc > > v M I m i > ,v dM17 CAM I 0 0 P, X i: c z m c z 0 X ATTACHMENT " ` Two(2)Year Cost Share Table (see attached exhibit) ATTACHMENT"B' CITY OF OPA-LOCKA Canal Maintenance Costs(FY 201 Oil to 2011112) Selected Level ct Se v"S ww i S wieo Cu'vert C eanir 9-Above Water Canal Name _ Cycles er Year Munici I 1 2 3 4 Share Cost Bet-.9ton(frorn N.W.22 Ave. to 26 Ave.) 5200 $400 S600 ,1 $800 100 $800 Sp;x 01 (from Biscayne to NW 27 Ave.) 5600 $1,200 $1,800 ► $2400 46 � $1,104 Opa-locka(from N.W.27 Ave.to 47 Ave) $1,000 52,000 S3,000 f $4.000 100 $4,000 127 Street(from N.W.27 Ave. to 45 Ave.) $800 $1,6001 52,400 $3.2001 67 S2,144 sub-totall S2,6001 $5,2001 $7.800. $8,048 City's Cost at Current Level of Service 58.048 Cliwe,!Cleans -Below Water Canal Na re Cycles er Year Muni�i 4 1 2 3 4 `b Share Cost 6.rl;ngton(from N.W 22 Ave to 26 Ave) $480 $960 S1.4401 S1920 100 $480 Spur K 1 (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 $7.2001 $9,600 100 $2,400, 127 Street(from N.W 27 Ave to 45 Ave.' 11,9201 $3,840 S5.76011 $7,680 67 $1,286 sub-tctat $6,240 $12.480 $18,7201 524,960 $4,829 City's Cost at Current Level of Service Me_hamcal Ha,"st,n (suomer ed, emer jent.and bank acres treated) Canal Name Cycles I>er Year Munac: !try 11 2 ;; 4 °a S�,are Cost 6;;rt ngtor ltror-N W 22 Ave.in 26 Ave.) $5,592 $11.185 $16.777 S22369 100 $16.777 Spu,#I (from Biscayne to NW 27 Ave.) $23,760 ` $47.520 . $71,280 $95.040 46 S32789 Opa-ocka{from N.W. 27 Ave to 47 Ave) $40,800 581.600 $122,400 $163.200 100 $122,400 '27 Street(frog:N.W. 27 Ave.to 45 Ave 541,280 $82.560 , $123,840 $165.120 67 582.973 subtotal $l t t 432 5222,865 $334,2971 S445,729 727938 City's Cost at Current Level of Service $254,938 Chem;caLHerbicide Treatment(submerge emergent.and bank acres treated) Canal Name Cycles per Year MuniciE?411ty 1 2 31 4 °,Share I Cost Bu-Mglor' (from N W.22 Ave to 26 Ave.) 51.118 52,237 $3,355 $4,474 100 54.474 Spur s I (from Biscayne to NW 27 Ave.) 54,640 S9,2W $13,920 $18,560 46 S8,538 Dpa-!ocka(prom N.W. 27 Ave to 47 Ave.) $7,800 515,600 $23,400 $31,200 100 $31200 12' Street(frerr,N W.27 Ave.to 45 Ave 57,760 $15,520 $23,280 $31,040 67 $20.797 sub'C,tat 521.318 $42.637 563,955 :m�S85,27.4 565008 City's Cost at Current Level of Service 565.008 ATTACHMENT"B" CITY OF OPA-LOCKA Canal Maintenance Estimated Costs(FY 2010/11 to 2011112) Mown^ Flat Cana:Name G c es r Year Mun.ci ailty 1{ 2 __._ T._._ 4 Share Cost Surlirgtcn(from N W.22 Ave.to 26 Ave.) So $0 SO $O 100 $0 Spur#1 (from Biscayne to NW 27 Ave.) SO $D 50 $0 48 50 Opa-locka(from N W 27 Ave to 47 Ave.) S624 i $1.248 S 1.372 $2,496 ;DO 52,496 127 Street(from N.W. 27 Ave. to 45 Ave. $1.1441 $2,288 53,432 $4,576 67 53,066 s.ib•total S-1,7681 S3,536 S5,3041 $7,0721 $5.562 City's Cost at Current Level of Service 55,562 VOW)•^' - Swa e Canal Name _ C yc es per Year M n ct o-1, 11 2 3 4 3,.Share Cost Burlington(from N.W 22 Ave. to 26 Ave.) SO $0 $0 $0 100 5o Spur if 1 (from Biscayne to NW 27 Ave.) $0 ` $0 $0 $d 46 $0 Opa-ocka(from N.W.27 Ave. to 47 Ave) $600 $1,200 $1,800 , $2,400 100 $2,400 127 Street(from N W 27 Ave.to 45 Ave. $700 $1,400 S2.100 $2,800 67 $1.876 sub-total $1,3001 S2,6WJ 53,900' $5, T 54.276 City's Cost at Current Level of Service 54,276 Obstru:lion Removal(ccqungencyi Canai Name Cyclies I w Year Munlu allt t 2 3 a Share I Cost Burlington (from N.W. 22 Ave to 26 Ave) ' $640 51.280 $1.920 52,560 100 1 $640 Spur st (from Biscayne to NW 27 Ave) $1,920 $3,840 $5.760 $7,680 46 5883 Opa-locKa(from N W.27 Ave.to 47 Ave.} $1,280 $2,560 53.840 $5120 100 $1280 27 Street(from N.W. 27 Ave- to 45 Ave $1,280 S2,560 53,840 $5,120 67 5858 sib total , $5,120 $10,240 $15.360 S20,4831 53061 City's Cost at Current Level of Service $3,661 TOTAL ANNUAL COST �3,6Qg MDC STORMWATER UTILITY ANNUAL COST $to7,2t8t MOC STORMWATER UTILITY 2-YEAR COST ($214,562 CITY OF OPA-LOCKA MAXIMUM ANNUAL COST 5346,322 Annual CITY OF OPA-LOCKA MAXIMUM 2-YEAR COST $692,644 2-Year :~d 5wM1km anc Cost Es6"aas Nmr,dpd tN Maw Dwe Gosm1y ps.oc WwM GepaRme„t Does roe -w-de a"ftbc ck4r.ng$,A+as 7ebns at mw•emaYa Permitting,Environment and Regulatory Affairs MIAM EnWronmental Services 701 NW 1st Coun,5th Floor g Miami,Florida 33136-3912 Carlos A. Gimenez,Mayor T 305-372-6529 F 305-372-6425 f i? ;A? -9 P fa: 35 miamidade.gov March 3, 2012 OF=ti L Nr Rk Mr.Brian Finnie, City Manager City of Opa-locka 780 Fisherman Street, 0 Floor Opa-locks,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. i M Mr. Brian K Enniu Page Z Sincerely, • .�- _ ..�3_A Q.. - Curt L.A.Williams, Manager Stormwater Utility Section Enclosure: Three Original Two(2) Year interlocal Agreements Pc: Marina Blanco-Pape, P.E.,Chief,Water Management Division, PERA Randall White, Project Supervisor,Stormwater utility Section, PERA ATTACHMENT "A" A.I - Percent Share Calculation Table A.' -Canals and Drainage Basins hiap ATTACHMENT "A.1" CITY OF OPA-LOCKA CANAL DRAINAGE AREAS anc OA SHARE TOTAL CANAL AREA(S0 MILES) SUB-AREAS SHARE BURLINGTON CANAL(NW 22 Ct.to NW 26 Ave.) 1. Opa-locKa 0.12 (0.06*0 06) 2. Miam.-Dade County 0 00 SPUR 01 CANAL(Biscayne Canal to NW 27 Ave.) 1 Opa-ocka 063 ?0.,-0 24+0 04+0.Z'6+C�a6,0 02) ah 2. )Miami-Dace County 074 (p 11+0 62+0.01) OPA-LOCKA CANAL(NW 27 Ave.to NW 47 Ave.) 1. Opa-locK a 1.74 0 14+0.60; 2. Miami-Dade County 0.9 c- 0 C?a NW 127 STREET CANAL(NW 27 Ave.to NW 47 Ave.) ! Opa-!ocka 102 (0 53+0 491 2 Miarri-Dade County 050 (050-1 33;o, zz 0 MW WIV AV Ic a Ow AW k"t up ip PM AV vy"Ay C 0 Z -n p AV 10 iw rat M > 4V > 0 I 0 o I r ... " DD ' � n1•'1P/�: mar - Y ;" � ti Liq 7-1 10 r- t C c x M ATTACHMENT "B" Tv:a ,2) Year Cost Share Fable (see attached exhibit i ATTACHMENT"B" CITY OF OPA-LOCKA Canal Maintenance Estimated Costs(FY 2012113 to 2013114) Se+s W Level of Service Shown Shaded Gv,er..C!e;a•r•n;: -Atove Water Canal Name Cycles per Year Munrcr alit 1 3 4 00 Snare C st B;,rt;rytor (frc.rrr NW 22 Ct to 26 Ave) $200 S»OG S600 $800 100 S1500 Sur ill {from Biscayne to NW 27 Ave) $600 51,200 $1800 $2,400 46 51,104 from NW 27 Ave to 47 Aver $1.000 52,000 $3000 $4,000 100 54,000 127 Street ifrom NVr 27 Ave to 45 Ave; 5800 51,600 52.400 67 Se,144 cut:!Cta S2 600 $5 200 57 800 10, 55.048 City Cost at Current Level of Service(4 cycles) 10048 r Vert Cie:r Fn Below Mater Canal!dame Cycles per Year Munn/ a rt t 2 31 4 Share -:ss Bu"r,gt• n tfrorn NW 22 CI Its 26 Ave) $480 $960 S7.44C =1 920 ?00 5480 Sp,r rr1 $:from Biscayne%c NW 27 Ave) $1,440 $2880 54,320 55,760 46 5662 C;a-;c--cNa(f-,:.)m NW 27 Ave to 47 Ave) $2,400 $4.800 S7 2CN ? $9:600 100 1 52.100 127 Street(trcrn NW 27 Ave to 45 Ave) $1,920 S3 840 1 55 760 i $7,680 1 67 ' =? 286 sit: fatal $6,2401 512,480 S 1 8 7201 $24.960L__ l 54.829 City Cost at Current Level of Service(1 cycle) 34,8291 Mt,has ,l-j Haryesbn is�.jtmer ed emer e r, and bank acres;seated► __ Cycles per Year Muria air! Canal Name 1 2 3 4 Sham 8 r1,r;J' n {iron/NW 22 C'tc 26 Avel $5.592 S11 '85 $16,777 522.369 1040 S i,r a 3 (from Biscayne to NW 27,Ave; 523 760 $47.520 $71,290 $95040 46 S32789 O'La-ccka 3trorr NW 27 AvLto 47 Ave; S4()800 1 $81 600 $122,400 $,163 200 100 5122 400 '2t Street(from Nvv 27 Av45 Avel $39.900 j $79 800 $119,700 $159,600 67 530 199 1 total $110.052; $220.105 5 30,157 S44C.209 5252.165 City Cost at Current Level of Service(3 cycles) 5252,165 Che~jea.Hero cide Treatment(submerged.emer gent, and taiiK acres trea*ec1) Canal Name _____ Cvbes er Year Murnc: a'+t 1 2 3 4 Share L Qa 6-,r!na'c]n ;from NVV 22 Ct tc 26 Avei $1 118 $2237 53.355 $4,474 100 $4474 S;u• rr t (gram Biscayne to NW 27 Avei $4 640 $9.280 $13.920 $18,560 46 S8538 Cpa .;ck t`rt;m Nb'J 27 Ave to 47.4,e) $7 8.00 S15 600 523.4040 S31 200 100 S31200 2' Street(f-ors NW 27 Ave tc 45 Avei $7 :'60 S155201 523.280 $3.1,040 67 S20.797 sL.b•taral S2 3181 542.637 563 955 $85,2741 1 565 ill B City Cost at Current Level of Service(4 cycles) 1 $86,008 ATTACHMENT 'B CITY OF OPA-LOCKA Canal Maintenance Estimated Costs(FY 2012113 to 2013/14) f.4 mn -Fiat Cana!Name Cvclas;x-r Year Mun.ci a,. _ -�-- 1; - _...�1 a S':are C:st 3-0 ngton f,orn NW 22 Gt'.o 26 Ave; Sus SC f 50 SO 100 Sit Sr.ur k1 (from Biscayne to NW 27 Ave 1 $0 SO 5o $0 48 $i+ 0::a-°ccka(from NW 27 Ave to 47 Ave) 5624 51.248 $1,672 $2,496 1!3C 52,496 127 Street j,", NW 27 Ave to 45 Ave; St,144 $2 286 } S3,a32 $4,576 �3' $3 066 suD-tota S1.7681 $3,536 $5 3D4 $7,072 $5,562 City Cost at Current Level of Service(4 cycles) $5,562 f"w:n - S ope Canal Name __ Cvcles per Year t a Slane Co5f, Ecr1 rgt_n (from NW 22 Ct to 26 Ave; SO , 50 5C $0 1t1) S:) SE.;r =1 (from Biscayne to NW 27 Ave1 $0 SO SC $0 46 $Cz OFa-V,cka(from NW 27 Ave to 47 Ave) S6(10 S12001 $1.800 $21400 100 S2 400 l2? St eet(ircrn NW 27 Ave to 45 Ave) S'CO $1,400 52,100 $2,$00 i>' St e76 sub-total 51,3001 $2,60; 53.500 $5 54,276 City Cost at Current Level of Service(4 cycles) $4.776 Otstruction Remova'(contingency) Canal Name C_L'c e$� 'Yea- Mix ci ! 1 ? 31 4 '0 S)iari ( Oct Burtmgion (Ircm Nth'22 Ct to 26 Ave) $640 31 280 1 51 920 $2 560 1 I %C4 3 Sp,r at (from Biscayre to NW 27 Ave) $1,920 $.:s 8-3 1 a ,i&0 ; $7680 46 5883 Cua-locKa;`rom NVV 27 Ave to 47 Avei $1,280 S2 7160 1 531840 ' 7 120 100 LS1,28:0 2'r Street(trcm NV'1 27 Ave to 45 Avei $1,280 $2,560 73 e49 $5120 67 SBFe sub-total 55,120 510.24C $153601 S2C,48C 3.66t City Cost at Current Level of Service(1 cycle) $3,661 F;;c;1 Control Structure Maintcr.ance Structure Name C',c es 'er Year _ Wfl ,:11 h• r Z St : r _ ucst -. 1 N'N 127 St Cana Structure%Mrntorn Da.- $345 t4.140 I 38.9'0 I S177940 S:' S2 " sub-total $345 $4,14q S890-01 117,W,, City Cost at Current Level of Service(12 cycles) $2,77 TOTAL ANNUAL COST $453,603 MDC STORMWATER UTILITY ANNUAL COST E s107,260u r-- MDC STORMWATER UTILITY 2-YEAR COST 5214.561 j CITY OF OPA-LOCKA MAXIMUM ANNUAL COST S346.322 Annual CITY OF OPA-LOCKA MAXIMUM 2-YEAR COST 5692.644 2-Year _s,ai o1 se,ee ana KGs'estmat"m"!jwj ty marl,Case cxvv;�JWw N rKs am%Fiask-Mwagerert cr:a,'.men' acdes r to;,.Iude 3esr*bc-6aB N s Jcn as t*t n%(Y m--e+wva; 1st Reading: June 23,2010 2"d Reading/Public Hearing: July 14, 2010 Adopted: July 14,2010 Effective Date:July 14, 2010 Sponsored By: City Manager ORDINANCE NO. 10-18 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA; AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A TWO-YEAR INTERLOCAL AGREEMENT WITH THE MIAMI-DADE COUNTY STORMWATER UTILITY FOR CONTRACT SERVICES PERTAINING TO STORMWATER MANAGEMENT AND MAINTENANCE OF SHARED STORMWATER DRAINAGE SYSTEMS IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FORTY-SIX THOUSAND THREE HUNDRED TWENTY-TWO DOLLARS AND NO CENTS ($346,322.00) ANNUALLY, PAYABLE FROM ACCOUNT 43-538340; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Water Resources Act of 1972, as set forth in Chapter 373, Florida Statutes, established and authorized local water management districts to manage Florida's rivers, lakes and canals; and WHEREAS, Section 403.0893, Florida Statutes (F.S.), authorizes the establishment of stormwater utilities to plan, construct, operate and maintain stormwater management systems; and WHEREAS, the Board of county Commissioners of Miami-Dade County, did by adoption of Miami-Dade County Ordinances No. 91-66 and Ordinance No 91-120, as amended by Ordinance Nos. 92-44 and 92-86, create a stormwater utility [hereinafter referred to as the "UTILITY"] and which UTILITY may operate within a municipality or municipalities; and Ordinance No. 10-18 WHEREAS, it is the intent of the UTILITY and the CITY, through this Agreement, to establish relationships and responsibilities for the maintenance of shared stormwater systems by the CITY and the UTILITY; and WHEREAS,the UTILITY and the CITY recognize that there are operating costs,as well as benefits associated with maintaining shared stormwater drainage systems and a desire to share these costs in proportion to the drainage area, the service provided and the benefits received by each part;and WHEREAS,the City Commission of the City of Opa-locka("City Commission")desires to enter into a Two (2) Year Interlocal Agreement with Miami-Dade County which outlines respective responsibilities for the maintenance of shared stormwater systems by the City and Miami-Dade County; and WHEREAS, the City Commission has determined that it is in the best interest of the citizens and residents of the City to approve the authorization and execution of the Interlocal Agreement between the City and Miami-Dade County for stormwater management; THE COMMISSION OF THE CITY OF OPA-LOCKA HEREBY ORDAINS: Section 1. Incorporation of Recitals: The foregoing recitals are hereby ratified and confirmed as being true,and the same are hereby made a specific part of this Ordinance. Section 2. Authority of City Manager: The City Commission of the City of Opa- locka hereby authorizes the City Manager to enter into the Two (2) Year Interlocal Agreement between the City of Opa-locka and the Miami-Dade County Stormwater utility for stormwater management and maintenance of shared stormwater systems in an amount not to exceed Three Hundred Forty-Six Thousand Three Hundred Twenty-two Dollars and no cents ($346,322.00) as Ordinance No. 10-18 set forth in Exhibit "A", together with such non-material changes as may be acceptable to the City Manager and approved as to form and legality by the City Attorney. Section 3. Conflict: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. Severability: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. Effective Date: This Ordinance shall, upon adoption, be codified in the City of Opa-locka Code of Ordinances and shall become effective as specified by the City of Opa-locka Code of Ordinances. PASSED AND ADOPTED this 14 day of Jam, 2010. 36S_ P�H ,. MLLEY A R Attest: Approved a o form and legal sufficiency: D orah S.Irby. rot S.Geller,Esq. i y Ierk ty Attorney i Ordinance No. 10-18 Moved by: HOLMES Seconded by: JOHNSON Commission Vote: 5-0 Commissioner Tydus: YES Commissioner Holmes: YES Commissioner Johnson: YES Vice-Mayor Taylor: YES Mayor Kelley: YES 1494990 vl Department of Environmental Resources Management M1AMF Water Management Division 701 NW 1 st Court,Ste-400 Miami, Florida 33136- T305-372-6529 F 305-372-6425 6425 Carlos Alvarez,Mayor ADA C,-ah.l.di,x, June 16,2010 miamidade.gov Agenda Crmi dination Art in Pubik Pla,_es Mr.Clarance Patterson,City Manager Audit and M:,nage,nrn,l Scn•i,cs City of Opa-locks Aviation 780 Fisherman Street,4`s Floor GJ,int;Cudr Cumpb.m._e Opa-locks,Florida 33054 Audding Business Ur Acpn:ent Re: Renewal of the Stormwater Management Interlocal Agreement between the City of Capital ImpnrvemenL Opa-locks and Miami-Dade County(Stormwater Utility)for FY 2010/11 and 2011/12 Cifi7rn' IndT.mrkmt TnnsrnirtatitV Twat Cummunicatirms Dear Mr.Patterson: Co—:nil,gslion Aernrc C omnwnitv X Frnnom;r nesrlrpment cumnnmitr Kelatiwrs Please find enclosed for your review, approval, and presentation to your City's Commission, G:nsumer 5(Y 11es four copies of the Interlocal Agreement for Stormwater Management(Agreement) between the C rxrr�itn,s K Re,ahilitatinn City of Opa-locka (City) and the Miami-Dade County Stormwater Utility (Utility), which Cm.m^side Healthcare Pla-ing replaces the previous 5-Year agreement submitted to the City on March 17,2010. As requested C,Il:ur.,lAff— by the City's Commission, the enclosed Agreement is for two fiscal years, from October 1, Elections 2010 to September 30, 2012. It will replace the current agreement which expires on September CmergercS Wmagemem 30,2010. Fmplry'rr Rdatirms Enterprise ledu A'syy semces Attachment "A" includes a Canals and Drainage Basin Areas Map, which depicts the areas in Enrirunmenlal Rasuarcra Mang meal square miles that are serviced/drained by each canal near or within the City boundaries. The Fair F,1A.,,m,cnt Pnxtir rs Percent Share Table, also in Attachment "A", uses the square miles of the drainage areas to Finance compute the pro-rata share of the drainage for each canal for the Utility and City. This pro-rata rk,R"cue percent is then used in Attachment "B"to determine the cost share for the maintenance of each Gr»n^nl Srreicrs Admini;tritkx, canal. These costs are maximum estimated costs, as the County bills only for actual work Histndc Preseraaliun performed. I lun:rh:•s Tn,v Hous mg.-%c cq Housing Fina neAuthurh Based on our previous discussions, three (3) cycles of Mechanical Harvesting will be i t min s,,,,•i,.,•, performed per year.The total annual cost of the Agreement is$453,603,of which the Utility is Independent Keaie,c Panel responsible for $107,280. The City's annual cost will not exceed $346,322, while the City's International Trade Coroortiu maximum two-year cost is$692,644. j--i le Ae,osuuti,t Ccnrcr kie fical kh aminer Please return to us, three signed copies of the Agreement, and a copy of the City Resolution wlrupmilan Plannin.oryar,i=,lion authorizing the City Manager to enter into the Agreement. A fully signed and Board of County R,rk and Rremati", Commissioners executed Agreement will be returned to you for your records. Piannin,and Zoning RA11e Please contact Randall White of my staff or me at(305)372-6656. Pro.:urcn,rxv.V,anagemcnt - - Proprdp Appraiser Sincerely, Public Ghrar•.Sr,ww Public VVnrks Sale KOghborbw.Kl Parks sc:lpr,rt - Solid lVastcN,ana,,enwt Curt L.A.Williams,Manager Slrair5;a Business blanagemenl Stormwater Utility Section N �Jl,, T,,m A•Irtrn I ransit Enclosure:Two(2)Year Interlocal Agreement w l.'dkm R,,italizatior.Task Font V17C.10 h,ux•um and 11a1drnS Pc: Marina Blanco-Pape,P.E.,Chief,Water Management Division,DERM 1vm;,and be,­r Randall White,Project Supervisor, Stormwater Utility Section,DERM MIAMI-DADE COUNTY, FLORIDA i IAM TWO (2) YEAR INTERLOCAL AGREEMENT between THE CITY OF OPA-LOCKA AND THE MIAMI-DADE COUNTY STORMWATER UTILITY FOR STORMWATER MANAGEMENT MIAMI-DADE COUNTY STORMWATER UTILITY (305) 372-6656 DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT 701 NORTHWEST FIRST COURT, SUITE 400 MIAMI,FL 33136 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-locks City Commission of the City of Opa-locks,Florida[hereinafter sometimes referred to as "CITY",j is entered into as follows: WTTNESSETH 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 rum-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 H 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. 3of11 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 Citv 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 Maieure 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. 4ofII Project Manager shall mean the persons designated by the CITY and by the UTILITY to serve as the representative of each for the purposes of exchanging communications and to issue and receive directives pursuant to and within the powers provided under this Agreement. Written notice shall mean written communication between the Project Managers. ARTICLE III STATEMENT OF WORK The CITY AND the UTILITY shall fully and timely perform all work tasks described in this Statement of Work: The CITY shall maintain and repair shared stormwater systems located within the limits of the drainage service areas in accordance with this Agreement and the CITY's stormwater management plan. The CITY shall be responsible for maintaining aesthetic conditions only on canals and other water bodies within the City's boundary by providing for litter and minor debris removal as needed. The UTILITY shall maintain, repair and enhance shared stormwater management systems located within the limits of the drainage service areas in accordance with Attachment "A"and Attachment`B". The CITY's relative stormwater runoff contribution to the UTILITY's shared drainage system and the UTILITY's relative stormwater runoff contribution to the shared drainage system is depicted in Attachment"A'. ARTICLE IV TERM OF THE AGREEMENT The term of this Agreement shall be for a period of two (2) years commencing on October 1, 2010 and ending on September 30, 2012, provided, however, either party may terminate this Agreement without cause prior to the expiration date upon one (1) year's advance written notice to the other party of its decision to terminate this Agreement. ARTICLE V CITY AND UTILITY RESPONSIBILITIES A. Upon the request of either the CITY or the UTILITY, each shall share information in matters related to operations, maintenance, design and construction costs and cost allocation determinations associated with shared drainage systems. B. The CITY and the UTILITY shall provide notice to each other, as provided, in this Agreement designating their respective Project Manager. Each shall promptly notify each other of any change in the Project Manager designation by written notice as specified in this Agreement. 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 11 ARTICLE VII DEFAULT CITY Event of Default Without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by Force Majeure, shall constitute a "CITY event of default". The UTILITY shall not be required to provide one year prior notice as required under Article IV before terminating this Agreement for default. The UTILITY may terminate this Agreement immediately after issuing written notice of default to the CITY. If a CITY event of default occurs, the UTILITY shall have all of the following cumulative and independent rights and remedies: 1. The right to declare that this Agreement together with all rights granted to CITY are terminated,effective upon such date as is designated by the UTILITY. 2. Any and all rights and remedies provided under federal laws and the laws of the State of Florida. UTILITY Event of Default Without limitation, the failure by the UTILITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by Force Majeure, shall constitute a "UTILITY event of default". The CITY shall not be required to provide one year prior notice as required under Article 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 7ofII 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. 8of11 ARTICLE XIII REPRESENTATION OF UTILITY The UTILITY represents that this Agreement has been duly approved, executed and delivered by the Board of County Commissioners, as the governing body of the UTILITY,and it has granted the Miami-Dade County Mayor or the Mayor's Designee the required power and authority to perform this Agreement. ARTICLE XIV WAIVER There shall be no waiver of any right related to this Agreement unless in writing and signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time or of any other right under this Agreement. ARTICLE XV INVALIDITY OF PROVISIONS,SEVERABILITY Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. ARTICLE XVI INDEPENDENT CONTRACTOR The CITY shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant, or employee of the UTILITY. CITY shall have control of the work performed in accordance with the terms of this Agreement and of all persons performing the same, and CITY shall be responsible for the acts and omissions of its officers, agents,employees,contractors,and subcontractors,if any. The UTILITY shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant, or employee of the CITY. UTILITY shall have control of the work performed in accordance with the terms of this Agreement and of all persons performing the same, and UTILITY shall be responsible for the acts and omissions of its officers,agents,employees,contractors, and subcontractors,if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between the UTILITY and the CITY. 9ofII ARTICLE XVII MEMNIFICATION 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 orjudgement 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,4h Floor Opa-locks,FL 33054 Attn: Clarance Patterson,City Manager (305)953-2823 Authorized signature on behalf City Clerk Date of the City of Opa-locka,Florida. By: City Manager Date MIAMI-DARE 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 11 of 11 ATTACHMENT "A" Drainage Basin Study and Percent Share (see attached exhibit) NW 2ND A�_. w a .._.- AV ONZ MN t. c N m Q mf Q Q < I95 E% O W 0Q o m Z Om w OQ m m W 1 z a z < O c c a _a ¢ p a z - W 7 U U S E E Z 0 a 0 J a ¢ N m TiH AV O m Z E w m W W • �a NW 17TH AV t 04 � LLAA _� z a.yo3 i - a 0 °o . E 22ND AV ci SPUR# C m a Q IL i $ s AV i 2 0 Z = J o V m z m z OJ Q n NW 32ND A _ NW 3 32ND co Abi Av ` Nhrygp0 D AV J Q NW 3T 0 AV Q n _ Z Q. g m a N O O E E N o Q m ul r J n E a $ o r Z — W AV H1LE a' d. U Z _ h 4 N O a t o Da sv)Dn a Q L U O w Q w m w Z. E AV H1B 3 - Z Q AV QND MN t w cn a � e N Y Q m m AV H16 3 W NW .t7TH AV --- Q 0 a W a �— W U O a 0 Fv .tM AV x lm(L � . ° .I z m o Z 5 ,' W RED ROAD CANAL ` ! W 14TH AV p l Av NW 57TH ' O ❑ U) N m ao w W Y O V o a' Z AV H,109 MN ? W 8TH A G ■ M Q !A MIAMI LAKEW" Q t G ATTACHMENT"A" CITY OF OPA-LOCKA CANAL DRAINAGE AREAS and%SHARE TOTAL CANAL AREA(SQ MILES) SUB-AREAS %SHARE BURLINGTON CANAL(NW 22 Ave.to NW 26 Ave.) 1.Opa-locka 0.12 (0.06+0.06) r 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) 1® 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) 2.Miami-Dade County 0.50 (0.50) 33% ATTACHMENT "B" Two(2)Year Cost Share Table (see attached exhibit) ATTACHMENT"B" CITY OF OPA LOCKA Canal Maintenance Costs(FY 2010/11 to 2011/12) Selected Level of Service Shown Shaded Culvert Cleaning-Above Water Cycles per Year Munici lity Canal Name 1 2 3 4 %Share Cost Burlington (from N.W.22 Ave.to 26 Ave.) $200 $400 $600 100 $800 Spur#1 (from Biscayne to NW 27 Ave.) $600 $1,200 $1,800 : _, 46 $1,104 Opa-locka(from N.W.27 Ave.to 47 Ave.) $1,000 $2,000 $3,000J` 100 $4,000 127 Street(from N.W.27 Ave.to 45 Ave.) $800 $1,600 $2,400 _:<<,. 67 $2,144 sub-total $2,60p]__ $5,2001 $7,800 f�_ $8,048 City's Cost at Current Level of Service $8,048 Culvert Cleaning-Below Water Canal Name Cycles per Year Munici lity 11 2 3 4 %Share Cost Burlington(from N.W.22 Ave.to 26 Ave.) $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 N.W.27 Ave.to 47 Ave.) _ $4,800 $7,200 $9,600 100 $2,400 127 Street(from N.W.27 Ave.to 45 Ave.) r$ .,.., $3,840 $5,760 $7,680 67 $1,286 sub-total =$6.040 $12,480 $18,7201 $24,9601 $4,829 City's Cost at Current Level of Service $4,829 Mechanical Harvesting(submerged, emergent,and bank acres treated). Cycles er Year Munici lity Canal Name 11 2 31 4 %Share Cost Burlington(from N.W.22 Ave.to 26 Ave.) $5,5921 $11,185 t $22,369 100 $16,777 Spur#1 (from Biscayne to NW 27 Ave.) $23,760 $47,520 ;2; $95,040 46 $32,789 V Opa-locka(from N.W.27 Ave.to 47 Ave.) $40,800 $81,600 f_� ,r_��. $163,200 100 $122,400 127 Street(from N.W.27 Ave.to 45 Ave.) $41,280 $82,560 2'3, ,',.x $165,120 67 $82,9731 54,93 sub-total $111,432 $222,865'2-$ �1 $445,7291 $254,938 City's Cost at Current Level of Service $254,938 Chemical/Herbicide Treatment(submerged,emergent,and bank acres treated) Cycles per Year Munici lity Canal Name 1 2 3 4 %Share Cost Burlington(from N.W.22 Ave.to 26 Ave.) !$4,640,118 $2,237 $3,355 :;fig 100 $4,474 Spur#1 (from Biscayne to NW 27 Ave.) $9,280 $13,920 � 46 $8,538 Opa-locka(from N.W.27 Ave.to 47 AveJ ,800 $15,600 $23,400 ° 100 $31,200 127 Street(from N.W.27 Ave.to 45 Ave.) ,760 $15,520 $23,280 F $ 67 $20,797 sub-total $21,318 $42,637 $63,955 ;_ {....4 $65,008 City's Cost at Current Level of Service $85,006 ATTACHMENT"B" CITY OF OPA LOCKA Canal Maintenance Costs(FY 2010/11 to 2011/12) Mowing-Flat Canal Name Cycles er Year Munici lity 11 2 3 4 %Share Cost RNs Burlington (from N.W.22 Ave.to 26 Ave.) $0 $0 $0 ;:, 100 $0 Spur#1 (from Biscayne to NW 27 Ave.) $0 $0 $0 =; 48 $0 Opa-locka(from N.W.27 Ave.to 47 Ave.) $624 $1,248 $1,872 _; 100 $2,496 127 Street(from N.W.27 Ave.to 45 Ave.) $1,144 $2,288 $3,432 :`$ 67 $3,066 sub-total $1,7681 $3,5361 $5,304 4 $5,562 City's Cost at Current Level of Service $5,562 Mowing-Slope Cycles er Year Municipal' Canal Name 1 2 3 4 %Share Cost Burlington(from N.W.22 Ave.to 26 Ave.) $0 $0 $0 100 $0 Spur#1 (from Biscayne to NW 27 Ave.) $0 $0 $0 ,r, 46 $0 Opa-locka(from N.W.27 Ave.to 47 Ave.) $600 $1,200 $1,800 Y_ 100 $2,400 127 Street(from N.W.27 Ave.to 45 Ave.) $700 $1,400 $2,100 67 $1,876 sub-totall $1,300 1 $2,6001 $3,900 1 $4,276 City's Cost at Current Level of Service $4,276 Obstruction Removal(contingency) . Cycles er Year Munici lity Canal Name 1 2 3 4 %.Share Cost Burlington(from N.W.22 Ave.to 26 Ave.) ". $1,280 $1,920 $2,560 100 $640 Spur#1 (from Biscayne to NW 27 Ave.) $3,840 $5,760 $7,680 46 $883 Opa-locka(from N.W.27 Ave.to 47 Ave.) $2,560 $3,840 $5,120 100 $1,280 127 Street(from N.W.27 Ave.to 45 Ave.) _ f.- $2,560 $3,840 $5,120 67 $858 sub-total $15,360 $20,480 $3,661 City's Cost at Current Level of Service $3,661 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 Department Does not include aesthetic cleaning such as debris or litter removal 6/15/2010 .+rnw