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.