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Ord. No. 17-06-1885ORDINANCE NO. 17 - 0 6 -18 8 5 WHEREAS, the City of South Miami agreed to the cost -share of Federal Emergency Management Agency (FEMA) funded Ludlam Glades canal dredging via Ordinance number 10- 02 -1778; and, WHEREAS, in Ordinance number 10 -02 -1778, the City increased the Stormwater User Fee Rates from $3.00 to $4.50 per Equivalent Residential Unit (ERU) per month to cover the City' share of the canal dredging expense; and, WHEREAS, Miami -Dade County Department of Environmental Resource Management (DERM) has completed the dredging work and submitted a total project cost of $3,271,177 with the City share of $270,363; and, WHEREAS, the City agrees to pay Miami -Dade County $270,363 as the City's share of the Ludlam Glades canal dredging project; and, WHEREAS, the term of the attached Interlocal Agreement shall commence upon the final date of execution of the Interlocal Agreement by all the parties and shall expire as specified in Article IV of the agreement. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The above whereas clauses are incorporated by reference. Section 2. The Mayor and City Commission agree to the Interlocal Agreement between the City of South Miami and Miami -Dade County for paying the City's share of the Ludlam Glades Canal Dredging. Section 3. The Mayor and City Commission authorize the City Manager to execute the Interlocal Agreement for a term commencing upon the final date of execution of the Interlocal Agreement by all parties and shall expire as specified in Article IV of the agreement. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5. This ordinance shall become effective immediately after adoption hereof. Additions shown by underlining and deletions shown by everstfikifig: Pg. 2 of Ord. No. 17:06 -1885 �t PASSED AND ADOPTED this day of '2006. 1 ATTEST: � ` —CITY CLERK 11 9 me "I? I10 1" Reading -\#/ 13 / 0 6 2nd Reading -7 /18 / 0 6 COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea CommissionerBirts: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea C:\Documents and Settings \SRothstein\My Documents\Reso- Ord \Comm Agenda Supp Doc - 0613 -3- Interlocal Agreement with MDC for Canal Dredging.doc Additions shown by underlining and deletions shown by ever-striking. South Miami All - America Cpl➢ CITY OF SOUTH MIAMI 11111.1 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manager , i From: W. Ajibola Balogun, REM, CFEA, Director Public Works & Engineering Department Date: 7' i 18. /, 2006 Agenda Item No.: Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO EXECUTING AN INTERLOCAL AGREEMENT WITH MIAMI -DADE COUNTY FOR FEMA- FUNDED STORMWATER DRAINAGE PROJECT (LUDLAM GLADES CANAL DREDGING); PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE Request: Authorizing the City Manager to execute Interlocal Agreement with Miami -Dade County for paying the City's share of Ludlam Glades Canal Dredging project. Reason/Need: After Hurricane Andrew, Hurricane Irene, and the "no name" storm of October 2000, it was concluded that the County's canal system was not performing satisfactorily. To remedy the situation, Miami -Dade County secured FEMA's assistance to dredge the canals to a depth that is considered their original depth, so that they would have increased capacity to transport floodwaters to Biscayne Bay. In 2002, all municipalities in Miami -Dade County were asked to pay their share of canal dredging Countywide: On September 17, 2002, the City agreed to pay the City's share of the canal dredging cost by approving the attached Ordinance number 10 -02 -1778. The dredging project is now completed and Miami - Dade County has submitted the attached Interlocal Agreement for the City's share of the project cost. Cost: $270,363 (10 years Annual Principal Payment of $27,036), excluding interest Funding Source: To be budgeted in Stormwater Trust Fund annually. Backup Documentation: ❑ Proposed Ordinance ❑ Interlocal Agreement with Miami -Dade County ❑ Ordinance No. 10 -02 -1778 TO: Maria Menendez City Clerk CITY OF SOUTH MIAMI Excellence, Integrity, Inclusion FROM: W. Ajibola Balogun, REM, CFEA __" Public Works & Engineering Director South Miami Ail- AmedcaCity 1 r 2001 DATE: December 12, 2006 RE: Original Copy of Inter -local agreement with Miami -Dade County for FEMA funded Canal Dredging Copy: Yvonne S. McKinley, City Manager w/ copy of attachment For your record, attached is the original copy of the referenced agreement with Miami -Dade County. With this agreement, the City agreed to reimburse $270,363 to Miami -Dade County at $27,036 annual payment. The agreement was approved by the City Commission under Ordinance number 17 -06 -1885. Should you have any questions or comments, please do not hesitate to contact me. END OF MEMORANDUM CITY CLERIC'S OFFICE Department of Environmental Resources Management Water Management Division MIAMI. EE J 33 SW 2nd Avenue, 2nd Floor Miami, Florida 33130 -1540 L T 305 - 372 -6529 F 305 - 372 -6425 ADA Coordination miamidade.gov Agenda Coordination Art in Public Places D Audit and Management Services November 30, 2006 Aviation Building Code Compliance M DEC J l� J [� - Ms. Yvonne S. Mc Kinley, City Manager Building City of South Miami Business Development 6130 Sunset Drive - - -� Capital Improvements South Miami, Florida 33143 Citizen's Independent Transportation Trust Communications Community Action Agency Community Community Economic Action Re: Interlocal Agreement for FEMA Funded Stormwater Drainage Projects between the City of South Miami and the Miami -Dade County (MDC). Community Relations Consumer Services Corrections & Rehabilitation Dear Ms. Mc Kinley: Countywide Healthcare Planning Cultural Affairs Attached please find a copy of the Miami -Dade County Resolution R- 1191 -06, Elections Authorizing Execution of an Interlocal Agreement between the City of South Miami Emergency Management and Miami -Dade County for Federal Emergency Management Agency (FEMA) Employee Relations Funded Stormwater Drainage Projects, passed and adopted on October 12, 2006, Enterprise Technology Services effective October 22, 2006. Environmental Resources Management Fair Employment Practices In accordance with Article V of the Agreement, please accept this letter as the first Finance annual statement of cost. The annual principal amount as stated in Attachment rB" Fire Rescue of the Agreement is $27,036. For FY 05 -06, no interest is contemplated due to the General Services Administration effective date of the Agreement. Henceforth, the total annual principal and interest Historic Preservation due to the County is $27,036. Homeless Trust Housing Agency Enclosed is Invoice #1 -10 for a total of $27,036. Please make your payment within Housing Finance Authority thirty (30) days of receipt.of this letter. Human Services Independent Review Panel If you have any questions please do not hesitate to contact me at (305) 372 -6656. International Trade Consortium Juvenile Assessment Center Medical Examiner Metropolitan Planning Organization Sincerely, Park and Recreation Planning and Zoning } Police Procurement Management Curt L.A. Williams, Manager Property Appraiser Stormwater Utility Section Public Library System Public Works Safe Neighborhood Parks CW Seaport attachments Solid Waste Management Strategic Business Management cc: Dorian K. Valdes, P.E. — Acting Assistant Director, DERM Team Metro W. Ajibola Balogun, R.E.M. — Public Works Director, City of South Miami Transit Urban Revitalization Task Force i J, !•.cif'.. i.rr 7-' 1; .. ( !.,'c rz t 'tf Vizcaya Museum and Gardens r ; "l 1�, ...L zr.� C...- . �`! ij l `• i� Water and Sewer MIAMI -DADE COUNTY, FLORIDA MIAMMADE Eglin 11121101mll .7. AND MIAMI-DADE COUNTY FOR FEDERAL EMERGENCY MANAGEMENT M CIE ` 41i STORMWATER DRAINAGE PROJECTS 1 of 10 INTERLOCAL AGREEMENT BETWEEN CITY OF SOUTH MIAMI AND MIAMI -DADE COUNTY FOR FEMA- FUNDED STORMWATER DRAINAGE PROJECTS THIS INTERLOCAL AGREEMENT, [the "Agreement "] by and between Miami -Dade County, a political subdivision of the State of Florida, [hereinafter sometimes referred to as [ "MDC "], and the City of South Miami Stormwater Utility, a public body corporate and politic, through its governing body, the South Miami City Commission of the City of South Miami, Florida .[ ereinafter sometimes referred to as "CITY',] is entered into this �� day of c - , 2006. WITNESSETH 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: ARTICLE I PURPOSES MDC and the CITY enter into this Agreement to further the following purposes: (1) To repair and restore shared stormwater drainage systems located within the limits of the drainage service areas in accordance with the approved plans. These activities include dredging canals, culvert and headwall repair or replacement, embankment restoration, and any required maintenance of flow control structures and stormwater pump stations and their mechanical and electrical components, and. enhancing shared stormwater drainage systems as determined by conditions of the system and the level of service established; (2) To provide a mechanism for MDC and the CITY to share and allocate the cost of .restoring and repairing shared stormwater drainage systems as stated in (1), above and to reimburse MDC for expenditures benefiting the CITY for FEMA- approved projects on shared stormwater drainage systems; (3) Seek to protect and promote the public health, safety, and general welfare through the management of stormwater run -off; (4) Seek to maintain and improve water quality and preserve and enhance the environmental quality of the receiving waters; 2of10 (5) Seek to control flooding that results from rainfall events; (6) Seek to prevent unmanaged rainwater from eroding sandy soils and causing sedimentation; (7) Seek to prevent the disruption of the habitat of aquatic plants and animals; (8) Seek to promote intergovernmental cooperation in effectively and efficiently managing stormwater run -off. ARTICLE II DEFINITIONS Agreement shall mean this document, including any written amendments, attachments, and other written documents, which are expressly incorporated by reference. Annual Charges shall mean the principal derived via amortization table, plus interest charges and administrative fees, over a mutually agreed upon period. Shared Stormwater Drainage System shall mean that portion of the drainage system owned by MDC to which both the CITY and MDC may contribute stormwater runoff and which is identified in Attachment "A" a copy of which is attached hereto and incorporated herein by reference. Costs allocable to the CITY shall mean those portions of the actual outlays budgeted by MDC in MDC's budget process, which are allocated to the CITY based on the FEMA- approved projects associated with shared drainage systems. Costs allocable to MDC shall mean those portions of the actual outlays budgeted by the CITY in the CITY's budget process, which are allocated to MDC based on the FEMA- approved projects associated with shared drainage systems. FEMA- Funded Projects shall mean canal dredging, culvert and headwall repair and replacement, embankment restoration, roadway drainage repair and replacement, and road resurfacing. Interest Charges shall mean the interest rate equivalent to the annual average (based on monthly rates reported by the Miami -Dade County Finance Department) that MDC earned on its pooled investments during that particular prior fiscal year, applied to the balance of the amortized amount. Interest shall accrue from the effective date of this Agreement and may be prorated for the period between payments. 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, 3of10 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. ARTICLE III STATEMENT OF WORK MDC shall fully and timely perform all work tasks described herein under FEMA- Funded Projects and described in Attachment `B" a copy of which is attached hereto and incorporated herein by reference. MDC and the City agree that the majority of the work tasks have been completed to date. MDC shall repair and restore shared stormwater management systems located within the limits of the stormwater drainage system service areas as set forth in Attachment "A" a copy ofwhich is attached hereto and incorporated herein by reference. The CITY's relative stormwater runoff contribution to MDC's shared stormwater drainage system and MDC's relative stormwater runoff contribution to the shared stormwater drainage system are set forth in Attachment "A" a copy of which is attached hereto and incorporated herein by reference. Final construction costs and soft costs shall be determined based upon actual final itemized costs approved by MDC, the Department of Community Affairs (DCA), and FEMA. Soft costs are costs including but not limited to: planning and design, geotechnical sampling and analysis, surveying, consultant management services, and other related costs that are not directly attributable to construction. MDC management costs are not reimbursable by FEMA. ARTICLE IV TERM OF THE AGREEMENT Initial Term The initial term of this Agreement shall be for a period of ten (10) years commencing on the date of execution by MDC. Option to Renew Upon mutual written consent of the parties, this Agreement may be renewed for one additional period of one (1) year. 4of10 ARTICLE V CITY AND MDC RESPONSIBILITIES A. Upon the request of either the CITY or MDC, each party shall share information concerning operations, design and construction costs and cost allocation determinations of the FEMA- approved projects associated with shared stormwater drainage systems. B. The CITY and MDC shall provide notice to each other designating their respective Project Manager. Each party shall promptly notify each other of any change in the Project Manager designation by written notice as set forth in this Agreement. C. The costs allocable to the CITY and the costs allocable to MDC based on the relative stormwater runoff contribution to each others shared portion of the stormwater drainage systems are included in this Agreement and presented as described in Attachment `B ", a copy of which is attached hereto and incorporated herein by reference. The costs are not to be exceeded and may only be lowered based on the final FEMA approved closure cost of the project. Should FEMA approve a closure cost that reduces the Current Estimated Cost, an associated reduction will be made to the Estimated Final Cost Share Total for South Miami. MDC shall reimburse the City, within ninety (90) days, any funds paid by the City in excess of the adjusted Estimated Final Cost Share Total. D. Costs allocable to the CITY represent principal and interest costs for the prior fiscal year, and shall be provided to the CITY not later than December 1" of each year for the prior fiscal year and may vary due to interest added each year. E. Payments by the CITY to MDC shall be made not later than thirty (30) days from the date of receipt of the invoice from MDC. In the event of a dispute concerning the invoiced amount, the CITY may notify MDC of the nature of the dispute and MDC shall make arrangements for the pertinent records to be made available for inspection by the CITY. MDC shall reimburse the CITY for any amounts determined to have been overpaid by the CITY within thirty (30) days after verification by MDC of the overpayment. F. The CITY and MDC shall maintain financial records for the full term of this Agreement and shall make the records available within a reasonable time after requesting them for inspection and copying by either the CITY or MDC at the place where the records are maintained. G. The CITY and MDC shall comply with all applicable regulations, ordinances and laws. H. MDC shall manage the financial administration of the Project sites, prepare FEMA documentation, advance funds for design and construction, and provide design and construction management for an agreed management flat fee of 2% of the design and construction costs for restoration and repair of shared stormwater drainage systems which may be included with the first annual payment or financed. The CITY is aware that FEMA may not reimburse this management fee, however, the management fee is consistent with similar costs for this type of work. 5of10 I. MDC shall recover the entire cost expended by MDC for the program implemented at or within the CITY's geographic boundaries, including those costs incurred by MDC prior to the execution of this Agreement pursuant to expediting the repair and restoration of the shared stormwater drainage systems. J. The CITY agrees that any cost incurred by MDC pursuant to this Agreement which is not reimbursed by DCA or FEMA shall be borne by the CITY and reimbursed to MDC by the CITY. K. MDC shall identify all necessary permits, utility adjustments, and rights -of -way for the Project in accordance with applicable federal, state, and local laws and ordinances. ARTICLE VI COMPENSATION /CONSIDERATION It is the intent and understanding of the parties that this Agreement is solely for the benefit of the CITY and MDC. No person or entity other than the CITY or MDC 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 ". If a CITY event of default should occur, MDC shall have all of the following cumulative and independent rights and remedies: The right to declare that this Agreement is terminated, effective upon such date as is designated by MDC. 2. Any and all rights provided under federal laws and the laws of the State of Florida, and Miami -Dade County. MDC Event of Default Without limitation, the failure by MDC to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by Force Majeure, shall constitute a "MDC event of default ". If a MDC event of default should occur, the CITY shall have all of the following cumulative and independent rights and remedies: 6of10 1. The right to declare that this Agreement is terminated, effective upon such date as is designated by the CITY. 2. Any and all rights provided under federal laws and the laws of the State of Florida and Miami -Dade County. ARTICLE VIII GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any court action between the parties for any 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 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 REPRESENTATION OF CITY The CITY represents that this Agreement has been duly authorized, executed and delivered by the City of Miami Commission, as the governing body of the CITY and it has the required power and authority to execute this Agreement. 7of10 ARTICLE XII REPRESENTATION OF MDC MDC represents that this Agreement has been duly approved, executed and delivered by the Board of County Commissioners, as the governing body of MDC, and it has granted the Miami - Dade County Manager the required power and authority to execute this Agreement. ARTICLE XIII 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 the 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 CITY shall perform all work and services described as an independent contractor and not as an officer, agent, servant, or employee of MDC. 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. MDC shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant, or employee of the CITY. MDC shall have control of the work performed in accordance with the terms of this Agreement and of all persons performing the same, and MDC shall be responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any. 8of10 Nothing in this agreement shall be construed as creating a partnership or joint venture between MDC and the CITY. No person performing any of the work or services described hereunder shall be considered an officer, agent, servant or employee of MDC, nor shall any such person be entitled to any benefits available or granted to employees of MDC. ARTICLE XVII INDEMNIFICATION The CITY shall indemnify and hold harmless MDC and its officers, employees, agents and instrumentalities to the extent and within the limitations of Section 768.28, Fla. Stat., subject to the provisions of that Statute from any and all liability, losses or damages, including attorneys' fees and costs of defense, which MDC 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. The 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 MDC, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The CITY expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CITY shall in no way limit the responsibility to indemnify, keep and save harmless and defend MDC or its officers, employees, agents and instrumentalities as herein provided. MDC 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 MDC shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgments of portions thereof, which, when totaled with all other occurrences, 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 MDC. 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. ARTICLE XVIII NOTICES AND APPROVAL Notices and approvals required or contemplated by this Agreement shall be written and personally served or mailed, registered or certified United States mail, with return receipt requested, addressed to the parties as follows: To County: Miami -Dade County, Department of Environmental Resources Management 33 S.W. 2 Ave, Suite 1200 Miami, Florida 33130 Attn: Department Director (305) 372 -6789 9of10 To City: Attn: Phone: IN WITNESS THEREOF, the parties through their duly authorized representatives hereby execute this AGREEMENT commencing on the date of execution by MDC. Attest: e I k CITY Clerk to Maria M. Menendez CITY OF SOUTH MIAMI, FLORIDA Authorized signature on behalf of the CITY of South Miami, Florida. By. C ty Man ger D to MIAMI -D E CO TY, FLORIDA B v � Coun y Manager Dale For the Board of County Commissioners, Miami - Dade County, Florida Stephen P. Clark Center 111 N.W. 1st. Street Miami, Florida 33128 HARVEY RUV1N, CLERK Attest: B Y D ut Clerk Date 10 of 10 a�06b bQa.K eqA' D AD a tO71NiY e� 0 M1 ,CSR ito N A�OSOnaa �� CITY OF SOUTH MIAMI, FLORIDA Authorized signature on behalf of the CITY of South Miami, Florida. By. C ty Man ger D to MIAMI -D E CO TY, FLORIDA B v � Coun y Manager Dale For the Board of County Commissioners, Miami - Dade County, Florida Stephen P. Clark Center 111 N.W. 1st. Street Miami, Florida 33128 HARVEY RUV1N, CLERK Attest: B Y D ut Clerk Date 10 of 10 ATTACHMENT "A" Basin Study and Cost Share Table ATTACHMENT °A" CITY OF SOUTH MIAMI CANAL DRAINAGE AREAS % SHARE Canal Drainage Areas (SQ MILES) % SHARE LUDLAM GLADES CANAL 1. South Miami 1.38 57% 2. Dade County 1.05 43% 5/18/2006 ATTACHMENT "B" FEMA Funded Project Cost Table M � z W � Z Q � Q � ■ E ■ 0 e c ■ � ■ B � 0 ■ ■ � � c ■ E c 0 c W 0 2 ■ E � e � ■ O t 0 CL � � ■ E E � n >1 -0 � U) c ■ � v ■ o- 41 0 2 c ■ U � e � c 0 u ■ T k � w U. Z � � O U) LL O � U C4 � ? a) 0 ƒ \ I $ _ E R E � 2 G k k m o _— R 2 % p N 2 2 ^ 60- k /� � @ % (3 2 wff EJ � § / \ CO) § CO � � @ e� CO / Wk \ @d �$ 0 ® J�k �� ~ 25$ m Cc q @ CL cc cu k U) 0 ® x Of a LU e 22g ® 2 =Cj'_ wk \ / «ate 2 x 7 7� o S? LL/to 3 % m Q =w � k D§ 2 ® �� o = _ u o e 5 / ® t k v f w �2 >a e k� S Vs w x £Eu. c w � © d ° � q \ . - ` 2 Ca m= e / o e 2 \ C =$Q k \ E $$- ®Rf � e [ cm \ \ \ \C \ _ \ / \ . k LL Cl) § w � ƒ \ I Approved Mayor jenda Item No. s(D) (1) (x) J Veto I0 -10 -06 Override 811111CIAL RLE CWV %F-Rilt OF THE BOARI Of'COUN7Y COMMISSIONEh BADE COUNTy, F!®R1.0,0 RESOLUTION NO. R- 1191 -06 RESOLUTION AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF ?' SOUTH MIAMI AND MIAMI -DADE COUNTY, FLORIDA FOR FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FUNDED STORMWATER DRAINAGE PROJECTS; AND AUTHORIZING THE COUNTY MANAGER TO EXERCISE THE TERMINATION PROVISIONS CONTAINED THEREIN WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference; �10W, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI -DADE COUNTY, FLORIDA, that this Board hereby approves the interlocal agreement between the City of South Miami and Miami -Dade County for Federal Emergency Management Agency (FEMA) funded stormwater drainage projects responsibilities and the use of applicable funds for stormwater management work by the City of South Miami and Miami -Dade County in shared stormwater drainage systems near or within the boundaries of the City of South Miami, effective upon execution, in substantially the form attached hereto, and made a part hereof; and authorizes the County Manager to execute same for and on behalf of Miami -Dade County; and to exercise the termination provisions contained therein. Agenda Item No. 8(D) (1) (X) Page No. 2 -x j ThWi8rieg'oing resolution was offered by Cohimissioner Jose, "Pepe" Diaz who moved its adoption. The motion was seconded by Commissioner Dennis C. Moss' and upon being put to a vote, the vote was as follows: Joe A. Martinez, Chairman . absent Dennis C. Moss, Vice-Chairman aye Bruno A. Barreiro absent Jose "Pepe" Diaz aye Audrey M. Edmonson aye Carlos A. Gimenez aye Sally A. Heyman aye Barbara J. Jordan aye Dorrin D. Rolle aye Natacha Seijas aye Katy Sorenson absent Rebeca Sosa absent Sen. Javier D. Souto aye The Chairperson thereupon declared the resolution duly passed and adopted this 12th day of October, 2006. This resolution shall become effective ten (10) days after the `` date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. Approved by County Attorney to form and legal sufficiency-C Peter S. Tell MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS M Adqs �p 0 %1�1_ MI MBA EE' 1'��em randum = Date: October 10, 2006 Agenda Item Noe 8(D)(1)(X) Subject: Resolution Authorizing Execution of an Intedocal Agreement Between the City of South Miami and Miami -Dade County for Federal Emergency Management Agency " Funded Stormwater Drainage Projects RECOMMENDATION It is recommended that the Board approve the attached Resolution authorizing execution of an interlocal agreement with the City of South Miami (City) for Federal E_ mergency. Management Agency (FEMA) funded stormwater drainage projects. This agreement establishes relationships and responsibilities for repair and restoration of stormwater drainage systems shared by the City and Miami -Dade County (County). The total estimated cost of this project is $3,271,177, of which 75 percent is provided by FEMA, 12.5 percent is provided by the Florida Department of Community Affairs (DCA), and 12.5 percent by local matching funds (local share) for eligible administration, design and construction costs. The City shall be responsible for reimbursement to the County of 57% of the local share, as determined by drainage basin studies, plus a 2% management fee and interest. The City's total, excluding interest, is $270,363. This agreement is effective upon execution by the County for a period of ten (10) years. BACKGROUND The Miami -Dade County Stormwater Utility (Utility) was established as a countywide utility by the Miami -Dade County Board of Commissioners through the adoption of Ordinance 91 -66, creating Article V of Chapter 24 of the Code of Miami -Dade County. The countywide applicability of this utility sets a uniform approach to stormwater management in Miami -Dade Coun y. The municipalities were given-the-option to become -part of the -Miami -Dade County Stormwater Utility orto create their own dedicated source of stormwater funding in accordance with Section 403, Florida Statutes. Pursuant to County Resolution R- 1045 -00, passed and adopted on October 3, 2000, the City became exempt from the Utility and created its own stormwater utility as its funding source. The proposed interlocal agreement establishes relationships and responsibilities for the FEMA funded repair and restoration of stormwater drainage systems shared by the City and the County. — I __ AfA-,/L Assistant County Manager 1 U'. (Revised) =- s TO: Honorable Chairman Joe A. Martinez DATE: October 10, 2006 and Members, Board of County Commissioners EIt®Ni: >A/ rray A. eenbe 4g4A SUBJECT: Agenda Item No. $(D) (1) (X) County Attorney Please note any items checked. 664 -Day Rule„ ("3 -Day Rule" for committees) applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Bid waiver requiring County Manager's written recommendation Ordinance creating a new board requires detailed County Manager's report for public hearing Housekeeping item (no policy decision required) No committee review v ORDINANCE NO. 10 -02 -1778 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BUDGET, CONCERNING THE STORMWATER USER FEE RATE, SETTING THE FEE RATE; PROVIDING FOR SEVERABILITY. ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami established a Sturmwwcr Utility in October 2000 for the fiartherance of stormwater management goals throughout the City, and; ✓1 VJMREAS, Florida Statutes section 403 requires the City to establish a fec rate twiiicient to plan, staff, construct, operate and maintain a slormwater management systi ini, and, WHEREAS, the City's cast -share of Federal Emergency Management Agency (FEMA) funded canal dredging expenses is proj®cted to total in excess of $280,000.00, and; WHEREAS, the City Manager recommends a Stormwatcr User Fee Rate of $4.50 pNr Equivalent. Residential Unit (ERU) per month to cover these upcoming expenses. NOW. TIiEREFORE, BE IT ORDAIN -ED BY THE MAYOR AND (:1TY COMMISSION OF TR ? CITY OF SOUTH MIAMI, FLORIDA; eelion 1. 7110 Mayor and City Commission hereby sets the Storitiwalor User Fee rate at $4.50 per Equivalent Residential Unit (ERU) per month, as provided by ordinance 21-00 -1723, These funds to fec used for stonnwater purposes only. Section 2, If any section. clause, sentence, or phrase of this ordinance is for any reason held invalid or unconsdintional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Swtion 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinanc* shall hake effect itnntedialely upon approved. PASSED AND ADOPTED this 17'h day of Senicinber. 2002. /�,,SO I" Reading — September 3, 2002 d Reading — September 17. 2002 (as amended) READ No `01= Cf.. %I A I'I'ORNEY APPRO . 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