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HomeMy Public PortalAbout12-8447 Amended Interlocal Agreement with MDC Stormwater for share Stormwater Sponsored by: City Manager RESOLUTION NO. 12-8447 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA LOCKA TO APPROVE THE AMENDMENTS TO ORDINANCE NO. 12-10, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AMENDED INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY STORMWATER UTILITY FOR SHARED STORMWATER MANAGEMENT BETWEEN THE CITY OF OPA-LOCKA AND MIAMI-DADE COUNTY FOR A PERIOD OF TWO (2) YEARS, COMMENCING ON OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2014, PAYABLE FROM ACCOUNT NUMBER 43-538340; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 12-10, an Interlocal Agreement with Miami-Dade County and the City of Opa-locka was adopted; and WHEREAS, certain amendments to that Interlocal Agreement are now required; and WHEREAS, the indemnification clause has been revised, per action of the Florida Legislature, from $100,000/ $200,000 to $200,000/$300,000, respectively; and WHEREAS, changes were made to attachment B, attached hereto; and WHEREAS, the amendment will incur additional cost; the annual cost to the City will increase by $69,500 (previous cost $346,322, anticipated cost $415,822.00) for the additional canal stabilization costs itemized in attachment `B", page 3 of the attached agreement; and WHEREAS, the cost for the annual Interlocal Agreement with Miami-Dade Stormwater Utility for shared storm water management shall be payable from Account 43-538340; and WHEREAS, the City Commission of the City of Opa-locka finds it in the interest of the City to approve the amendments to Ordinance No. 12-10, relating to the Interlocal Agreement with Miami-Dade County Stormwater Utility for shared Stormwater Management. • Resolution No. 12-8447 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF MIAMI LAKES, FLORIDA,AS FOLLOWS: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby approves the Amendments to Ordinance No. 12-10, and authorizes the City Manager to enter into an amended Interlocal Agreement with Miami-Dade County Stormwater Utility for shared Stormwater Management, per changes of the revised Stormwater Interlocal Agreement between the City of Opa-locka and Miami-Dade County, for a period of two (2) years, commencing on October 1, 2012, and ending September 30, 2014, payable from Account 43-538340, in substantially the form attached hereto as Exhibit"A". Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of Septe ber, 2012y--� MY' • AYLOR MAYOR jest to: Approved as tc orm and legal sufficiency: I lit') If ► J; a Flores Jo.: .h S(Geller I erim City Clerk I 9 Atte ey Moved by: VICE MAYOR JOHNSON Seconded by: COMMISSIONER HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES 2 450,-LOCa 4 tol1 F O n i s v,, orioli. . R/-,�.0 City of Opa-Locka Agenda Cover Memo Commission Meeting 09/12/2012 Item Type: Resolution Ordinance Other Date: x (EnterX in box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (Enter X in box) Yes No (Enter X in box) x Public Hearing: Yes No Yes No (Enter X in box) Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No Ex: Storm Water (EnterX in box) x Account#43-538340 Mgmnt. Contract/P.O.Required: Yes No RFP/RFQ/Bid#: (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 = Bus.&Economic Dev 0 1. Required for compliance of Public Safety NI MS4 permit. Quality of Education 0 Qual.of Life&City Image = Communcation U Sponsor Name City Manager Department: Public Works Short Title: Amendment of Interlocal Agreement for Stormwater Management with Miami-Dade County Staff Summary: The approved Interlocal Agreement per Ordinance 12-10 has the following amendments per Miami-Dade County request: The approved Interlocal Agreement per Ordinance 12-10 has the following amendments per Miami-Dade County request: 1. Indemnification Clause in page# 10 of the Agreement has been revised per Florida Legislature update.The sums in have been revised from $100,000 and $200,000,to$200,000 and $300,000 respectively. 1 2. The following five (5) changes have been made to attachment B of the approved Interlocal Agreement : a) Under Mowing Flat for Spur#1 Canal,the percent share for the City of Opa-locka was incorrectly listed as 48%.The correct percent is 46%,and the revision has been made to reflect the corrected percentage. b) Addition of Emergency Repair/Preventive Mitigation Contingency for Canal Bank Protection c) The City of Opa-locka maximum annual cost will increase by $69,500 (from $346,322.00 to $415,822.00.) d) e) In the footnotes of the last page of attachment B, "Level of services and cost estimates provided by Miami-Dade County Public Works and Waste Management Department"has been replaced by "Level of services and cost estimates provided by Miami-Dade County". f) In the footnotes of the last page of attachment B,The last line containing"Does not include aesthetic and debris or litter removal"has been deleted. Proposed Action: Staff recommends approval in order to be compliant with all applicable regulations pertaining to stormwater management and MS4 permit. Attachment: 1. Agenda Cover 2. Agenda 3. Interlocal Agreement-Original 4. Interlocal Agreement-Amended 5. Ordinance 2 t 0I_ c • 1O, o `pro r AAORAt6� MEMORANDUM TO: Mayor Myra L.Taylor Vice-Mayor Dorothy Johnson Commissioner Ti• othy Holmes Commissioner R I se Tydus Commissioner G:it Mil • FROM: Kelvin L.Baker,Sr., City Mana •r DATE: September 12,2012 RE: Amendment of Interlocal Agreement for Stormwater Management with Miami-Dade County Request: APPROVAL OF AMENDMENTS TO THE ORDINANCE#12-10 TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH MIAMI DADE STORMWATER UTILITY FOR SHARED STORMWATER MANAGEMENT BETWEEN THE CITY OF OPA-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 approved Interlocal Agreement per Ordinance 12-10 has the following amendments per Miami-Dade County request: 1. Indemnification Clause in page# 10 of the Agreement has been revised per Florida Legislature update. The sums in have been revised from $100,000 and $200,000, to $200,000 and $300,000 respectively. 2. The following five (5)changes have been made to attachment B of the approved Interlocal Agreement : a) Under Mowing Flat for Spur#1 Canal,the percent share for the City of Opa-locka was incorrectly listed as 48%. The correct percent is 46%,and the revision has been made to reflect the corrected percentage. b) Addition of Emergency Repair/Preventive Mitigation Contingency for Canal Bank Protection c) The City of Opa-locka maximum annual cost will increase by $69,500(from$346,322.00 to $415,822.00.) d) e) In the footnotes of the last page of attachment B, "Level of services and cost estimates provided by Miami-Dade County Public Works and Waste Management Department"has been replaced by"Level of services and cost estimates provided by Miami-Dade County". 1 f) In the footnotes of the last page of attachment B,The last line containing"Does not include aesthetic and debris or litter removal" has been deleted. Financial Impact: The amendments will incur additional cost to the City. The City of Opa-locka maximum annual cost will increase by$69,500(from$346,322.00 to$415,822.00.) Account Number: 43-538340 Implementation Time Line: On execution of the agreement, Miami Dade Transit will present to the County Board of Commissioners for approval. The agreement will be effective from Oct 1, 2012 to Sep 30, 2014. Legislative History: Ordinance#10-18, 12-10 Recommendation(s): Staff recommends approval in order to be compliant with all applicable regulations pertaining to stormwater management and MS4 permit. Analysis: The agreement is for the renewal of the current interlocal agreement for shared stormwater maintenance and repair. The compliance with the terms, conditions and scope of the agreement will protect and promote public health, safety, and general welfare through the management of stormwater runoff. ATTACHMENT(S): -Interlocal Agreement-Original -Interlocal Agreement-Amended -Ordinance# 10-18, 12-10 PREPARED BY: Mohammad Nasir,PE,Interim Public Works Director END OF MEMORANDUM 2 MIAMMQADE coo NTY TWO (2) YEAR INTERLOCAL AGREEMENT between THE CITY OF OPA-LOCKA AND THE MIAMI-DADE COUNTY STORMWATER UTILITY FOR STORMWATER MANAGEMENT MIAMI-DADE COUNTY STORMWATER UTILITY(305) 372-6656 701 NORTHWEST FIRST COURT, SUITE 400 MIAMI, FL 33136 TWO (2) YEAR INTERLOCAL AGREEMENT BETWEEN THE CITY OF OPA-LOCKA(CITY) AND THE MIAMI-DADE COUNTY STORMWATER UTILITY(UTILITY) FOR STORMWATER MANAGEMENT THIS TWO (2) YEAR INTERLOCAL AGREEMENT, [the "Agreement"] by and between the Miami-Dade County Stormwater Utility, a public body corporate and politic, through its governing body, the Board of County Commissioners of Miami-Dade County, Florida [hereinafter sometimes referred to as "UTILITY",] and the City of Opa-locka, a Florida Municipal Corporation, through its governing body, the Opa-locka City Council of the City of Opa-locka, Florida [hereinafter sometimes referred to as "CITY",) is entered into as follows: WITNES SETH WHEREAS, Section 403.0893, Florida Statutes (F.S.), authorizes the establishment of stormwater utilities to plan, construct, operate, and maintain stormwater management systems; and WHEREAS, the Board of County Commissioners of Miami-Dade County, did, by adoption of Miami-Dade County Ordinances No. 91-66 and Ordinance No. 91-120, as amended by Ordinance Nos. 92-44 and 92-86, create a stormwater utility [hereinafter referred to as the "UTILITY"), and which UTILITY may operate within a municipality or municipalities; and WHEREAS, it is the intent of the UTILITY and the CITY, through this Agreement,to establish relationships and responsibilities for the maintenance of shared stormwater systems by the CITY and the UTILITY; and WHEREAS, the UTILITY and the CITY recognize that there are operating costs, as well as benefits, associated with maintaining shared stormwater drainage systems; and WHEREAS, the UTILITY and the CITY want to share these costs in proportion to the drainage area, the service provided, and the benefits received, Now, therefore, in consideration of the mutual promises and covenants contained herein and the mutual benefits to be derived from this Agreement,the parties hereto agree as follows: 2 of 11 ARTICLE I PURPOSES The UTILITY and the CITY enter into this Agreement to further the following purposes: (1) to protect and promote the public health, safety, and general welfare through the management of stormwater run-off; (2) to maintain and improve water quality and preserve and enhance the environmental quality of the receiving waters; (3) to control flooding that results from rainfall events; (4) to deter unmanaged rainwater from eroding sandy soils and causing sedimentation; (5) to deter the disruption of the habitat of aquatic plants and animals; (6) to promote intergovernmental cooperation in effectively and efficiently managing stormwater run-off; (7) to maintain and repair shared stormwater systems located within the limits of the drainage service areas in accordance with the approved plans. These include maintaining canals, and any required maintenance of flow control structures and stormwater pump stations and their mechanical and electrical components; maintaining stormwater systems as determined by conditions of the system, prevailing environmental conditions, and the level of service established. (8) to provide a mechanism for the UTILITY and the CITY to share and allocate the cost of maintaining and repairing shared stormwater drainage systems as stated in(7), above. ARTICLE II DEFINITIONS Agreement shall mean this document, including any written amendments, attachments, and other written documents, which are expressly incorporated by reference. Stormwater Management Plans shall mean stormwater management plans developed by both the CITY and by the UTILITY, to meet the required level of service as established in their respective stormwater management programs or master plan pursuant to Florida Statute 403.0891. CITY Stormwater Utility Budget shall mean the CITY's developed and approved fiscal year budget which includes a component for stormwater management of its drainage system, including capital and operating outlays necessary to maintain the level of service established in the CITY's Stormwater Management Plans. 3 of 11 Utility Stormwater Budget shall mean the UTILITY's developed and approved fiscal year budget for stormwater management of its drainage system, including capital and operating outlays necessary to maintain the level of service established in the Utility's Approved Plans. Shared Stormwater Drainage System shall mean that portion of the drainage system owned by either the CITY or the UTILITY to which both the CITY and the UTILITY contribute stormwater runoff and which is further identified in Attachment"A". Costs allocable to the CITY shall mean those portions of the actual maintenance and operating outlays budgeted by the UTILITY in its yearly budget process, which are allocated to the CITY based on the CITY's relative stormwater runoff contribution to the shared portion of the stormwater drainage system of the UTILITY. Costs allocable to the Utility shall mean those portions of the actual maintenance and operating outlays budgeted by the CITY in its yearly budget process, which are allocated to the UTILITY based on the UTILITY's relative stormwater runoff contribution to the shared portion of the stormwater drainage system of the CITY. Operating Outlays shall mean expenses budgeted by the CITY and the UTILITY which are actual expenses incurred in each fiscal year, which due to their nature are considered reoccurring expenses to sustain yearly stormwater drainage operations. Capital Outlays shall mean expenses budgeted by the CITY and the UTILITY which are actual expenses incurred in each fiscal year, which due to their nature are considered non- reoccurring and producing a long term benefit to the users. The yearly charges allocable to the CITY or to the UTILITY shall be that amount prorated, plus interest charges and administrative fees, for no longer than the calculated useful life of the capitalized item in no case exceeding 20 years. A separate Interlocal Agreement is required for any approved Capital Outlays that may be amortized beyond the life of this Agreement. Fiscal Year shall mean the period beginning on October 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 stormwater runoff contribution to the UTILITY's shared drainage system and the UTILITY's relative stormwater runoff contribution to the shared drainage system is depicted in Attachment"A". ARTICLE IV TERM OF THE AGREEMENT The term of this Agreement shall be for a period of two (2) years commencing on October 1, 2012 and ending on September 30, 2014, provided, however, either party may terminate this Agreement without cause prior to the expiration date upon one (1) year's advance written notice to the other party of its decision to terminate this Agreement. ARTICLE V CITY AND UTILITY RESPONSIBILITIES A. Upon the request of either the CITY or the UTILITY, each shall share information in matters related to operations, maintenance, design and construction costs and cost allocation determinations associated with shared drainage systems. B. The CITY and the UTILITY shall provide notice to each other, as provided, in this Agreement designating their respective Project Manager. Each shall promptly notify each other of any change in the Project Manager designation by written notice as specified in this Agreement. C. Commencing with fiscal year 2012-2013, and after approval of the Agreement, the costs allocable to the CITY and the costs allocable to the UTILITY based on the relative stormwater runoff contribution to each other's shared portion of the stormwater drainage systems 5 of 11 are included in this Agreement and presented as described in Attachment "B". Estimated total expenditures for the two (2) year term of this Agreement are also included and shall not be exceeded. D. The tasks and levels of service set forth in Attachment "B" may be adjusted by the UTILITY with prior notice to the CITY due to prevailing environmental conditions, maintenance needs, or ownership, provided that the total annual estimated expenditures are not exceeded. The CITY may also request modifications to the tasks or level of services set forth in Attachment "B". Any such work requested by the CITY shall commence within reasonable time after the request has been made to the UTILITY. If the tasks and level of service must be adjusted in such a manner that the annual estimated expenditure will be exceeded in any given year, then prior written approval by both parties' Project Managers must be obtained. However, the total two-year cost of the Agreement shall not be exceeded. E. Payments by the CITY are to be made within 30 days after the bill presentation. In the event of a dispute on the billed amount, the CITY may notify the UTILITY of the nature of the dispute and the UTILITY shall make arrangements for the pertinent records to be made available for inspection by the CITY, as indicated under Article V (H) of this Agreement. Upon resolution of the dispute, payments by the CITY are to be made within 30 days. In the event of an overpayment by the CITY, the UTILITY shall reimburse the CITY within 30 days after verification of the overpayment by the UTILITY. F. The CITY and the UTILITY shall maintain financial records pertaining to this Agreement for 5 years after the expiration of this Agreement, and shall make them available for inspection and copying at the place where the records are maintained within a reasonable time after receiving a records request G. The CITY and the UTILITY shall each be responsible for procuring independently all necessary permits in the performance of their respective work under this Agreement. H. The CITY and the UTILITY shall each comply with all applicable regulations, ordinances and laws in effect in the performance of this Agreement. I. If requested, the UTILITY will provide a tentative yearly maintenance schedule at the beginning of each fiscal year. As an update to the yearly maintenance schedule,the UTILITY will coordinate (via e-mail or telephone) with the CITY within 48 hours prior to commencing work in the CITY. The UTILITY contact for maintenance activities will be the Chief of Miami- Dade County Public Works and Waste Management Department's Road, Bridge, Canal, and Mosquito Control Division. 6 of 11 ARTICLE VI COMPENSATION/CONSIDERATION A. It is the intent and understanding of the parties that this Agreement is solely for the CITY and the UTILITY. No person or entity other than the CITY or the UTILITY shall have any rights or privileges under this Agreement in any capacity whatsoever, either as a third- party beneficiary or otherwise. ARTICLE VII DEFAULT CITY Event of Default Without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by Force Majeure, shall constitute a "CITY event of default". The UTILITY shall not be required to provide one year prior notice as required under Article IV before terminating this Agreement for default. If the UTILITY determines that a CITY event of default has occurred, the UTILITY shall provide written notice of such default to the CITY and allow the.CITY a thirty (30) calendar day period to rectify the "CITY event of default". In the event that the UTILITY determines that the CITY event of default has not been rectified, the UTILITY shall have the right to terminate the Agreement with the following cumulative and independent rights and remedies: 1. The right to declare that this Agreement together with all rights granted to the CITY are terminated, effective upon such date as is designated by the UTILITY. 2. Any and all rights and remedies provided under federal laws and the laws of the State of Florida. UTILITY Event of Default Without limitation, the failure by the UTILITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by Force Majeure, shall constitute a "UTILITY event of default". The CITY shall not be required to provide one year prior notice as required under Article IV before terminating this Agreement for default. If the CITY determines that a UTILITY event of default has occurred, the CITY shall provide written notice of such default to the UTILITY and allow the UTILITY a thirty (30) calendar day period to rectify the "UTILITY event of default". In the event that the CITY determines that the UTILITY event of default has not been rectified, the CITY shall have the right to terminate the Agreement with the following cumulative and independent rights and remedies: 1. The right to declare that this Agreement together with all rights granted to the UTILITY are terminated, effective upon such date as is designated by the CITY. 7 of 11 2. Any and all rights and remedies provided under federal laws and the laws of the State of Florida. ARTICLE VIII GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The UTILITY and the CITY agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Miami-Dade County, Florida. ARTICLE IX ENTIRETY OF AGREEMENT The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to all matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto or their authorized representatives. ARTICLE X HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. ARTICLE XI RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reasons of this Agreement. 8 of 11 ARTICLE XII REPRESENTATION OF CITY The CITY represents that this Agreement has been duly authorized, executed and delivered by the City Commission of the City of Opa-locka, as the governing body of the CITY and it has the required power and authority to perform this Agreement and has granted the City Manager or the City Manager's Designee the required power and authority to perform this Agreement. ARTICLE XIII REPRESENTATION OF UTILITY The UTILITY represents that this Agreement has been duly approved, executed and delivered by the Board of County Commissioners, as the governing body of the UTILITY, and it has granted the Miami-Dade County Mayor or the Mayor's Designee the required power and authority to perform this Agreement. ARTICLE XIV WAIVER There shall be no waiver of any right related to this Agreement unless in writing and signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time or of any other right under this Agreement. ARTICLE XV INVALIDITY OF PROVISIONS, SEVERABILITY Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. ARTICLE XVI INDEPENDENT CONTRACTOR The CITY shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant, or employee of the UTILITY. CITY shall have control of the work performed in accordance with the terms of this Agreement and of all persons 9 of 11 performing the same, and CITY shall be responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any. The UTILITY shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant, or employee of the CITY. UTILITY shall have control of the work performed in accordance with the terms of this Agreement and of all persons performing the same, and UTILITY shall be responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between the UTILITY and the CITY. ARTICLE XVII INDEMNIFICATION The CITY shall indemnify and hold harmless the UTILITY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the UTILITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the CITY or its employees, agents, servants, partners, principals or subcontractors. CITY shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the UTILITY, where applicable, including appellate proceedings, and shall pay all costs, judgements and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla. Stat., subject to the provisions of that Statute whereby the CITY shall not be held liable to pay a personal injury or property damage claim or judgement by any one person which exceeds the sum of$200,000, or any claim or judgement or portions thereof, which, when totaled with all other claims or judgement paid by the CITY arising out of the same incident or occurrence, exceed the sum of$300,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the CITY. The UTILITY does hereby agree to indemnify and hold harmless the CITY to the extent and within the limitations of Section 768.28 Fla. Stat., subject to the provisions of that Statute whereby the UTILITY shall not be held liable to pay a personal injury or property damage claim or j udgement by any one person which exceeds the sum of$200,000, or any claim or judgements or portions thereof, which, when totaled with all other occurrence, exceeds the sum of$300,000 from any and all personal injury or property damage claims, liabilities, losses and causes of action which may arise solely as a result of the negligence of the UTILITY. However, nothing herein shall be deemed to indemnify the CITY from any liability or claim arising out of the negligent performance or failure of performance of the CITY or any unrelated third party. 10 of 11 IN WITNESS THEREOF, the parties hereto through their duly authorized representatives hereby execute this Agreement. Attest: CITY OF OPA-LOCKA, FLORIDA 780 Fisherman Street, 4th Floor Opa-locka, FL 33054 Attn: Mr. Brian K. Finnie, City Manager (305) 953-2823 Authorized signature on behalf City Clerk Date of the City of Opa-locka, Florida. By: City Manager Date MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA AS GOVERNING BODY OF THE MIAMI-DADE COUNTY STORMWATER UTILITY By: Mayor or Mayor's Date Designee Stephen P. Clark Center 111 N.W. 1 Street Miami, Florida 33128 HARVEY RUVIN, CLERK Attest: By: Deputy Clerk Date 11 of 11 ATTACHMENT "A" A.1 - Percent Share Calculation Table A.2 - Canals and Drainage Basins Map ATTACHMENT "A.1" CITY OF OPA-LOCKA CANAL DRAINAGE AREAS and %SHARE TOTAL . CANAL AREA(SQ MILES) SUB-AREAS %SHARE BURLINGTON CANAL(NW 22 Ct.to NW 26 Ave.) 1. Opa-locka 0.12 (0.06+0.06) 100% 2. Miami-Dade County 0.00 0 0% SPUR#1 CANAL(Biscayne Canal to NW 27 Ave.) 1. Opa-locka 0.63 (0.21+0.24+0.04+0.06+0.06+0.02) 46% 2. Miami-Dade County 0.74 (0.11+0.62+0.01) 54% OPA-LOCKA CANAL(NW 27 Ave.to NW 47 Ave.) 1. Opa-locka 1.74 (1.14+0.60) 100% 2. Miami-Dade County 0.00 0 0% NW 127 STREET CANAL(NW 27 Ave.to NW 47 Ave.) 1. Opa-locka 1.02 (0.53+0.49) 67% 2. Miami-Dade County 0.50 (0.50) 33% ATTACHMENT "B" Two (2) Year Cost Share Table (see attached exhibit) ATTACHMENT"B" CITY OF OPA-LOCKA Canal Maintenance Estimated Costs (FY 2012/13 to 2013/14) Selected Lever of Service Shown Shaded Culvert Cleaning -Above Water Cycles per Year Municipality Canal Name 1 2 3 4 % Share Cost Burlington (from NW 22 Ct to 26 Ave) $200 $400 $600 $800 100 $800 Spur#1 (from Biscayne to NW 27 Ave) $600 $1,200 $1,800 $2,400 46 $1,104 Opa-locka (from NW 27 Ave to 47 Ave) $1,000 $2,000 $3,000 $4,000 100 $4,000 127 Street(from NW 27 Ave to 45 Ave) $800 $1,600 $2,400 $3,200 67 $2,144 sub-total $2,600 $5,200 $7,800 $10,400 $8,048 City Cost at Current Level of Service(4 cycles) i'$8,048 Culvert Cleaning - Below Water Cycles per Year Municipality Canal Name 1 2 3 4 % Share Cost Burlington (from NW 22 Ct to 26 Ave) $480 $960 $1,440 $1,920 100 $480 Spur#1 (from Biscayne to NW 27 Ave) $1,440 $2,880 $4,320 $5,760 46 $662 Opa-locka (from NW 27 Ave to 47 Ave) $2,400 $4,800 $7,200 $9,600 100 $2,400 127 Street(from NW 27 Ave to 45 Ave) $1,920 $3,840 $5,760 $7,680 67 $1,286 sub-total $6,240 $12,480 $18,720 $24,960 $4,829 City Cost at Current Level of Service(1 cycle) $4,829 Mechanical Harvesting (submerged, emergent, and bank acres treated) Cycles er Year Municipality Canal Name 1 2 3 4 % Share Cost Burlington (from NW 22 Ct to 26 Ave) $5,592 $11,185 $16,777 $22,369 100 $16,777 Spur#1 (from Biscayne to NW 27 Ave) $23,760 $47,520 $71,280 $95,040 46 $32,789 Opa-locka (from NW 27 Ave to 47 Ave) $40,800 $81,600 $122,406 $163,200 100 $122,400 127 Street (from NW 27 Ave to 45 Ave) $39,900 $79,800 $119,706: $159,600 67 $80,199 sub-total $110,052 $220,105 $330,15T $440,209 $252,165 City Cost at Current Level of Service (3 cycles) . $252,165 Chemical/Herbicide Treatment(submerged, emergent, and bank acres treated) Cycles per Year Municipality Canal Name 1 2 3 4 % Share Cost Burlington (from NW 22 Ct to 26 Ave) $1,118 $2,237 $3,355 $4,474 100 $4,474 Spur#1 (from Biscayne to NW 27 Ave) $4,640 $9,280 $13,920 $18,560 46 $8,538 Opa-locka (from NW 27 Ave to 47 Ave) $7,800 $15,600 $23,400 $31,200 100 $31,200 127 Street (from NW 27 Ave to 45 Ave) $7,760 $15,520 $23,280 $31,040 67 $20,797 sub-total $21,318 $42,637 $63,955 $85,274 $65,008 City Cost at Current Level of Service(4 cycles) :5,008 ATTACHMENT"B" CITY OF OPA-LOCKA Canal Maintenance Estimated Costs (FY 2012/13 to 2013/14) Mowing- Flat Canal Name Cycles per Year Municipality 1 2 3 4 % Share Cost Burlington (from NW 22 Ct to 26 Ave) $0 $0 $0 Spur#1 (from Biscayne to NW 27 Ave) $0 =$0 100 $0' O $0 $0 $0 46 6 $0 Opa-locka (from NW 27 Ave to 47 Ave) $624 $1,248 $1,872 $2,496 100 $2,496 127 Street(from NW 27 Ave to 45 Ave) $1,144 $2,288 $3,432 $4,576 67 $3,066 sub-total $1,768 $3,536 $5,304 $7,072 $5,562 City Cost at Current Level of Service (4 cycles) I , $5 662 Mowing - Slope Canal Name Cycles .er Year Municipality - Burlington (from NW 22 Ct to 26 2 3 4 % Share Cost Ave)) $0 $0 $0 "•$0' 100 $0 Spur pur#1 (from Biscayne to NW 27 Ave) $0 $0 $0 $0 46 $0 Opa-locka (from NW 27 Ave to 47 Ave) $600 $1,200 $1,800 $2,400 100 127 Street(from NW 27 Ave to 45 Ave $2,400 $700 $1,400 $2,100 $2,800 67 $1,876 sub-total, $1,300 $2,600 $3,900 $5,200 $4,276 City Cost at Current Level of Service(4 cycles) -�°,', ,276 Obstruction Removal(contingency) Canal Name Cycles per Year Municipality 1 2 3 4 % Share Cost Burlington (from NW 22 Ct to 26 Ave) $640: $1,920 $2,560 ' 100 Spur#1 (from Biscayne to NW 27 Ave $640 $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 $5,120 100 127 Street(from NW 27 Ave to 45 Ave $1,280 $1,280;, $2,560 $3,840 $5,120 67 $858 sub-total $5,12G $10,240 $15,360 $20,480 $3,661 City Cost at Current Level of Service (1 cycle) 1 $3,6611 Flood Control Structure Maintenance Structure Name 1 x`' Cycles 12 per Year 26 Municipality Cost NW 127 St Canal Structure/Minton Dam $345 4$4;140 $8,970 $1752 % Share,940 67 $2,774 sub total $345 $4,140 $8,970 $17,940 $2,774 City Cost at Current Level of Service(12 cycles)! ; $2,774 ATTACHMENT"B" CITY OF OPA-LOCKA Canal Maintenance Estimated Costs(FY 2012/13 to 2013/14) *Emergency Repair/ Preventative Mitigation (contingency) Canal Name Cycles Municipality 1 2 3 4 % Share Cost Burlington (from NW 22 Ct to 26 Ave) $20,000 $40,000 $60,000 $80,000 100 $20,000 Spur#1 (from Biscayne to NW 27 Ave) $35,000 $70,000 $105,000 $140,000 46 $16,100 Opa-locka (from NW 27 Ave to 47 Ave) $20,000 $40,000 $60,000 $80,000 100 $20,000 127 Street(from NW 27 Ave to 45 Ave) $20,000 $40,000 $60,000 $80,000 67 $13,400 sub-total $95,000 $190,000 $285,000! $380,000 $69,500 City Cost at Current Level of Service(1 cycle) $69,500 TOTAL ANNUAL COST $548,603 MDC STORMWATER UTILITY ANNUAL COST $132,780 MDC STORMWATER UTILITY 2-YEAR COST $265,561 CITY OF OPA-LOCKA MAXIMUM ANNUAL COST $415,822 Annual CITY OF OPA-LOCKA MAXIMUM 2-YEAR COST $831,644 2-Year Level of service and cost estimates provided by Miami-Dade County •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.