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12CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager i From: Rudy de la Torre, Chief Superintende of ublic Works Date: 17, 2011 Item No. South Miami AA•AmedcaCAy 2001 0 Subject: Authorizing the City Manager to increase appropriations for Stormwater Drain Trust Fund expenditure accounts. Ordinance: An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to the budget; authorizing an increase of appropriations of accounts 111- 1730 -541- 3450 ( Stormwater Drain Trust Fund Contractual Services) in the amount of $22,595, and 111 - 1730 -541 -7100 ( Stormwater Drain Trust Fund Debt- Principal) in the amount of $27,036 and 111 - 1730 -541 -7200 ( Stormwater Drain Trust Fund Debt - Interest) in the amount of $4,034 and 111 - 1730 -541 -5205 ( Stormwater Drain Trust Fund Computer Equipment) in the amount of $1,836.94 from Fund Balance, providing for severability, ordinances in conflict and an effective date. Background: The money collected by the City of South Miami from the stormwater utility fee goes into a separate Stormwater Drain Trust Fund for maintenance of existing catch basins, stormwater drains, canal maintenance and future construction of new facilities as may be recommended upon the development of the Stormwater Master Plan. Certain account line items in the fiscal year 2010 -11 Stormwater Drain Trust Fund budget were not sufficiently budgeted by the previous Public Works Director to pay for the City's existing Stormwater Interlocal Agreements and Operating permits. These appropriation line item increases are required in order to properly fund expenses related to existing Interlocal Agreements for the maintenance of the City's Stormwater systems and canals as well as the Interlocal Agreement FEMA - Funded Stormwater Drainage Project (Ludlum Glades Canal Dredging) Ordinance No. 17 -06 -1885. Failure to meet these obligations will result in a violation of the City's ordinances and resolutions, the additional requested funds will make these accounts whole for the rest of the fiscal year. In addition, the Public Works computer presently used to evaluate and calculate the stormwater utility fees for commercial and industrial properties within the city, cannot process the large amount of data associated with the County provided GIS maps. The expenditure increase will provide for the replacement of the existing GIS computer with a more efficient computer capable of handling the task. Furthermore, Public Works currently does not have the equipment or capability to backup. The increase of funds will allow for a new backup system. International Data Consultants was selected as the lowest responsive bid vendor for the purchase of new computer and back up system in the amount of $1,836.94. Replacement of the computer will increase productivity by reducing the amount of time needed to complete the task. Expense: $55,501.94 Account: 111- 1730 -541 -3450 ( Stormwater Drain Trust Fund Contractual Services) in the amount of $22,595, and 111 - 1730 - 541 -7100 ( Stormwater Drain Trust Fund Debt- Principal) in the amount of $27,036 and 111- 1730 -541 -7200 ( Stormwater Drain Trust Fund Debt - Interest) in the amount of $4,034 and 111 - 1730 -541 -5205 ( Stormwater Drain Trust Fund Computer Equipment) in the amount of $1,836.94 from Fund Balance. Attachments: Proposed Ordinance. Stormwater Drain Trust Fund Budget. Budget worksheets for accounts 111 - 1730 -541 -3450, 111 - 1730 -541 -7100 and 111 -1730- 541 -7200. Interlocal Agreement between the City of South Miami and the Miami Dade County Stormwater Utility. NPDES Interlocal Agreement (IA) Annual Payment Year 2010 -11. Annual Regulatory Program and Surveillance Fee 2011. Derm Aanual Operating Permit Renewal Industrial Waste 5. Interlocal agreement for FEMA Funded Stormwater Drainage Projects between the City of South Miami and the Miami dade County (MDC). International Data Consultants computer estimate $1,836.94. @XI Computer Corp. computer estimate $2,155.27. IT Point computer estimate $2,368.00. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ORDINANCE NO. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to the budget; authorizing an increase of appropriations to accounts 111- 1730 -541- 3450 (Stormwater Drain Trust Fund Contractual Services) in the amount of $22,595, and 111 - 1730 -541 -7100 (Stormwater Drain Trust Fund Debt - Principal) in the amount of $27,036 and 111 -1730 -541 -7200 (Stormwater Drain Trust Fund Debt - Interest) in the amount of $4,034 and 111 - 1730 -541 -5205 (Stormwater Drain Trust Fund Computer Equipment) in the amount of $1,836.94 from Fund Balance, providing for severability, ordinances in conflict and an effective date. WHEREAS, the money collected by the City of South Miami from the stormwater utility fee goes into a separate Stormwater Drain Trust Fund for maintenance of existing catch basins, stormwater drains, canal maintenance, and future construction of new facilities as may be recommended upon the development of the Stormwater Master Plan; and WHEREAS, certain account line items in the fiscal year 2010 -11 Stormwater Drain Trust Fund budget were not sufficiently budgeted by the previous Public Works Director to pay for the City's existing Stormwater Interlocal Agreements and Operating permits; and. WHEREAS, the appropriation line item increases are required in order to properly fund expenses related to existing Interlocal Agreements for the maintenance of the City's Stormwater systems and canals as well as the Interlocal Agreement FEMA- Funded Stormwater Drainage Project (Ludlum Glades Canal Dredging) Ordinance No. 17 -06 -1885; and WHEREAS, failure to meet these obligations will result in a violation of the City's ordinances and resolutions, the additional requested funds will make these accounts whole for the rest of the fiscal year; and WHEREAS, the Public Works computer presently used to evaluate and calculate the stormwater utility fees for commercial and industrial properties within the city, cannot process the large amount of data associated with the County provided GIS maps; and WHEREAS, it is essential for the Public Works Department to replace the existing computer with a more efficient computer and back up system capable of handling the task; and WHEREAS, International Data Consultants was selected as the lowest responsive bid vendor in the amount of $1,836.94; and WHEREAS, the Mayor and City Commission wishes to increase appropriations to accounts 111- 1730 -541 -3450 (Stormwater Drain Trust Fund Contractual Services) in the amount of $22,595, and 111- 1730 -541 -7100 (Stormwater Drain Trust Fund Debt - Principal) in the amount of $27,036 and 111- 1730 -541 -7200 (Stormwater Drain Trust Fund Debt - Interest) in the amount of $4,034 and 111- 1730 -541- 5205 (Stormwater Drain Trust Fund Computer Equipment) in the amount of $1,836.94 from Fund Balance; and 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 WHEREAS, the Mayor and City Commission authorizes the City Manager to increase appropriations to accounts 111 - 1730 -541 -3450 (Stormwater Drain Trust Fund Contractual Services) in the amount of $22,595, and 111 - 1730 -541 -7100 (Stormwater Drain Trust Fund Debt - Principal) in the amount of $27,036 and 111- 1730 - 541 -7200 (Stormwater Drain Trust Fund Debt - Interest) in the amount of $4,034 and 111- 1730 -541 -5205 (Stormwater Drain Trust Fund Computer Equipment) in the amount of $1,836.94 from Fund Balance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is authorized to increase appropriations for expenditure accounts 111- 1730 -541 -3450 (Stormwater Drain Trust Fund Contractual Services) in the amount of $22,595, and 111- 1730 -541 -7100 (Stormwater Drain Trust Fund Debt - Principal) in the amount of $27,036 and 111- 1730 -541 -7200 (Stormwater Drain Trust Fund Debt - Interest) in the amount of $4,034 and 111- 1730 -541 -5205 (Stormwater Drain Trust Fund Computer Equipment) in the amount of $1,836.94 from Fund Balance. Section 2. That this ordinance shall become effective at the expiration of ten days after adoption. PASSED AND ADOPTED this day of 2011. ATTEST: APPROVED: CITY CLERK I' Reading: 2 "a Reading: READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY ffurtrleffll COMMISSION VOTE: Mayor Stoddard Vice Mayor Newman: Commissioner Beasley Commissioner Palmer: Commissioner Harris: 2 STORM WATER DRAIN TRUST CITY OF SOUTH MIAMI FUND I 1 I ACCT NO ACCOUNT CLASSIFICATION BEGINNING FUND BALANCE REVENUES 314.3000 UTILITY TAX- STORMWATER 330 -1000 INTERGOVERNMENTAL REVENUE 361 -2000 INTEREST INCOME TOTAL REVENUE EXPENDITURES 541 -1210 REGULAR SALARY 541 -2110 FICA 541 -2210 PENSION PLAN CONTRIBUTION 541 -2310 GROUP HEALTH INSURANCE - 541 -2410 WORKER'S COMPENSATION MAINT & REPAIR STRS /PARKWAYS TOTAL PERSONNEL SERVICES 541 -3100 PROFESSIONAL SERVICES 541 -3450 CONTRACTUAL SERVICES 541 -4070 TRAVEL & CONFERENCE 541 -4080 EMPLOYEE EDUCATION 541 -4455 LEASE PURCHASE -TRUCK 541 -4640 MAINT & REPAIR STRS /PARKWAYS - TOTAL OPERATING EXPENSES 541 -6490 CONSTRUCTION PROJECTS 541 -6491 REPAYMENT TO MIAMI DADE COUNTY TOTAL CAPITAL OUTLAY ACTUAL BUDGET ESTIMATE CM RECOM 2009 -2010 2010-2011 2010 -2011 2011 -2012 348,443 366,303 366,303 297,719 17,826 28,000 48,000 18,900 378,719 250,000 290,000 290,000 11,831 7,500 6,500 7,500 408,376 285,500 344,560 - 316,400 4,481 42,534 42,534 42,534 361 3,255 3,255 3,255 0 6,052 6,052 6,052 0 5,196 5,196 5,196 0 3,731 3,731 3,731 4,842 60,768 60,768 60,768 0 0 0 0 74,557 0 21,245 22,595 0 0 0 0 0 0 0 0 30,821 0 0 0 0 0 0 0 105,378 0 21,245 22,595 30,296 50,000 50,000 100,000 0 0 0 0 30,296 50,000 50,000 100,000 541 -7100 DEBT - PRINCIPAL 0 22,146 27,036 27,036 541 -7200 DEBT - INTEREST 0 2,988 4,035 4,034 541 -9120 TRANSFER -GEN FUND 250,000 250,000 250,000 250,000 TOTAL OTHER FINANCING SOURCE'. 250,000 275,134 281,071 281,070 TOTAL FUND EXPENSES 390,516 385,902 413,084 464,432 ENDING FUND BALANCE 366,303 265,901 297,719 149,687 MIAMIZADDE 0 Carlos Alvarez, Mayor ADA Coordination Agenda Coordmanrn, All in Public Places Audit and MamgemeN Services Aviation Ruilding Code Compliance Building Business Developmenl :apvaUmprovnmmns Citizen's independe l Tmnspm nm, Tow C".OmmLlnlGiliOM 2o, nm. 1114Y Acnon Agency Community F Emnomrc Development Conmunity B31aliuns Consumer sarvmcs Corrections R Rehabililauon Cwmywide Hralihcare Planning Cohlo 1k A folS [:eot.." Emrrgencv Managemem Employee Relations Enterynseiermtology Seances Environmentsl Resources Management fau Bnploym,ent Practices Pnnnce File Rescue C.eneml Smv¢es Admmbv:alon Hiztwm Resmsnlbn Homeless Trust Housing Agell Heusmg Finance Authol,y Hn,nnn odependenl Rene, Panel mmnumfwl To de Consonlum luvenile Assessment Cenler ,Medical txamrner Mmropolita, Planning organization flvk and Recreation Planning and Zumng PMice Prca:uremcm A1anagemsat Properly Appraiser Public Lihnvy Stswm Puii Works Sale Neighborhood hrls Seaport Solid Waste Management Ftmteg�c Basmes Mnnngemen! Team Metro Tno,il Urban Resdmlization Task Force 191c,ya Mmeum and Wrdenz Nbter and Sewer Department of Environmental Resources Management Water Management Division 701 NW .1 St Court, Ste -400 Miami, Florida 33136-3912 T305-372-6529 F 305- 372 -6425 miamidade.gov March 7, 2011 Mr. Rudy De La Torre Interim Public Works Director City of South Miami 4795 SW 75 Avenue Miami, Florida 33155 Re: Interlocal Agreement between the City of South Miami and the Miami -Dade County Stormwater Utility for Fiscal Year 2009/2010. Dear Mr. De LaTorre: Based on information provided by the Miami -Dade County Public Works Department, the total actual maintenance expenses for shared drainage systems in the City of South Miami are Thirty -Four Thousand, Six Hundred and Seventy - Eight Dollars ($34,678). Therefore, in accordance with Attachment "B" for FY 2009/2010 of the Interlocal Agreement, attached you will find an invoice for the sum of Nineteen Thousand, Seven Hundred and Sixty -Six Dollars ($19,766) which represents the City's share (57 %) of the total costs for maintenance of shared drainage systems during FY 2009/2010. Also enclosed is a breakdown of actual tasks performed and the associated costs. Please make your cheque payable to Miami -Dade County Stormwater Utility. If you have any questions please do not hesitate to contact Jean Kunce or me at (305) 372 -6656. ?)uI _ bi0- ` t00 7— Sincerely, Curt L.A. Williams, Manager Stormwater Utility Section CW attachments cc: Marina Blanco -Pape, P.E., Chief, Water Management Division, DERM Jean Kunce, Accountant, Stormwater Utility Section, DERM Randall White — ERPS, Stormwater Utility Section, DERM 1 eaUHiY „ ; March 3, 2011 TO: City of South Miami 4795 SW 75 Avenue Miami, FL 33155 MIAMI -DADE COUNTY STORMWATER UTILITY INVOICE Invoice # SM0910007 INDEX CODE: DER 01701$ PROJECT NO. 693144 PROJECT NAME AMOUNT FY 2009/2010 Canal Maintenance City Share $19,766 00 TOTAL $19,766 00 Please return a copy of this Invoice with your remittance. I PLEA rrMM E CHEQUE PAYABLE TO: MIAMI -DADE COUNTY STORMWATER UTILITY DEPT: P•O• # -- Attention : Curt Williams ��C OPEPdP.O.:❑ 701 N.W. 1 Court, 5th Floor REO # MIAMI, FLORIDA 33136 -3912 DELIVERY: PARTIAL ❑ COMPLETE D O ANTITY AND QUALITY RECEIVED AS BILLED n p, DEPART ENT HEAD DATE CENTRAL SERVICES ®ATE 0 6 Q 4 � N w Z O V h' Z O O 0 Z N h O � Q V J 6 z FF e.i h h q t7 T V V ei N M N .. cN W MMv� Y M thO h h 6 jm O aNNNNNNN+A O 0 0 3 a z�33F z c O z z 3: > " Q z 0 E 0 a Q p m 3 w 0 o o z Q o o Q 6 w u J O �»a= --E wj .. wU�J o z on r m H .t ON O 0 I } m z 4 a � N {ry O� W 00 u (N' Q Z_ CQ G Q z W a a v'�i rmi�m i m m m m ni e .ni m (R 'V4 VY '✓� K m T N N m C C N N N W W W N N W OJ m N rl y N N N VII Vh 00 O m m w H � N N N mm ��Io m m O O m N N VT NI Vn O W 0 W e m m m o id rc N N N 1 m m o v h m ro m H m b m m H m H m m H Om m H m o 0 mra 0mme rvm mm� �O N'nom nvo 9 nV N h M M1 of my m m n ✓1 m W M m N1N 0 1 m2 Cm V q 1 e ut m N N m N m� H g H ro vi n” .ti VTi/�N NVR'4/�Ni?NVIViaVyY 'VY V)h i/nNNV�VINy N'm iM1 N'pMN'[rT �/iNNNNNVY VI Vl Omi tNO M T m N m h m V h 1n O m n H Ol h V M M1 V' Of h V W m Ohi N .mi OW OM1i h Ohi H W O O N n N m M N W m O V1 b V' m N O m Vl O C Vl O M to O Vl O h O h t.t N n N Ih n N V?NNNNVIN VIV?N1/YV}i/YN VF VY i/INNNNVlNNVI NIn VtI �/L VlNV)NVY 4/1 V)N VY O S O O S O S O N O O O O O N N N h N 4)N*AVl iIIN VI'1/�'NN'VYN N�ANNMVIVI VI 'V�N'N VIN LY VkN V/L N4/'NVY VY VY V)NVi N O m V1 4 H ftl m h (`I V' M .-I b '1 b m M N. .-1 rD [O fl l0 W .-1 ei m N N V Q N t0 m rt m n V N N- n V b V -O V- h V O n O n C O 'i N V O N O V m N m VI O V W O V OJ O iY' M O V m M OJ N m H N W N N H N N O M CO V N N d' fV O V O N O N O fV OO M N OO rt) M O V� V W C N T V N+n NL1.N+A+ANVr V4'tn 'VI +h NV)N'c7 N'ViNN WNahN V}N N'n NNV)�ANi/FNNN b wrn nn Hr0 mr? ro mm N 'n �o mm �o moo ro m.o romm b ry moo mrvmry m N rO Q C Vr rA W h [Y h V1 m n rs1 n ul of n r/1 m W N M µ n an:i nom ro Nm.nmm rvm rvm N r n N :gym minas 'v?N�/INNV}Vl+/�NNYI VI L1 VY t?N LYNNNV)NN[n NVl 1h +AN NV+N VY VINNNVn m O N V tD m to M N N N ry N N N Vl N N N N N N '] N N N N N N N M O O M N Vl VI VI v!1 p M O M O' T O' O O O p o O 0 O 0 W w W W W W W W tea, o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 ... 0 o a 3 3 3 3 3 3 3 3 3 0000 O w ww ww �' wwr" 33333333333333333333333333333 0 0 0 0 O Q K Q Q Q Q Q Q¢ 4 Q Q¢¢ Q¢¢ Q¢¢ 6¢ Q Q Q 4 Q¢ G z z o z O p p 0 0 292- o z z z z z z z z z > > > > > > >> o �- „N,�„iv-� „1-, aaaaaaaa��aaaa���a�paa�,aaa.aaa a a��a�agvaa m 0 0 O O O O O h y N N N N VI N N N N N N v�'1 N r/1 N N N N N ta/1 to Vr V1 H N N VI Vl t7 vl N vl N N N vl M M M M m M M T M m M m T M M m m Tl rt1 m M m M M m M M M m M M M M M T M M M O O O H H .ni .ni ti O O O r.N rva U' 0 t7 l7 3533 o a a o ¢ ¢ ¢ Z z Z Z Z 6 6 6 8 0 0 0 0 m m o 0 m m o m m m o 0 o m m m m m m m m o 00 rtooH 00000.+.�. -l0 0 0 0 O ao0 .=�.n `m n.-I rnn H in.- ImmowmH H.-1 ,-loo 000 ti H 'i N r4 ei O O N N O N N O N N N O O N N O O Vf ti ti O � N O O O O O O `1 .i H rt r1 O V1 V m M VI V M M d' Vl O O h M1 1` VI M m m M M VI N N V1 N tJ n O N y pnj O N� O N O V p a� N 0 V' V O t0 aD p V V O [f ct y IO W m l0 t0 10 m m m m m m m l0 m m t0 W W mm� °mm °mmmmm �y ;tymmmm mmmm m mm ¢mm off l'+t�L7O l7 (� (7 V` Ot�l7Ol7 171717 (�l7 C�l� 01717 S7U Usu 353355535555555555555355aaaa O O O p O O p p p p p Opp p p p p a 0 0 0 p 6 0 0 0 0 J J J J J J J J J J J J J J J J J J J✓ J� J J m m m m U U U V s U U V U O V U U s s s U V V U V O lJ U U 1¢J s U m m m m m m m m m m m m m m m m m m m m m m m m m avvvvv.rcovvcav V vwaacr acr .rm �r voc m m m m o m o m m 0 0 0 o H o 0 0 O ro NW ro `i O V b W l7 V' V' V' lD O W l7 1p 353533333 p p p a O p p p p Z Z Z 2 Z Z 2 2 Z sssssssss Q O x ry H r O O N O � V Y H Y m cQ G N V Z Q Z Z Q zz s m rn H nN -m NO1 dwo m H.+�oom m m H dmn T Hd N N 4l h ID h N O OI N d h M OI h Pl IM1 m o m m h; K rD M T h d' v1 N N m r-1 N O1 � N OJ O � r/1 M VI N r0 cJ Or O O b W O r4 O H h N N H h N H r4 r-t 1D C W ei 'VpIKNKKKKKpK VYKKKKKKKKKKryK�KKVYKKKKKK O h n O O 6 m 4 r r r r a . 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Moss and Members, AAgenda. item NO.B(D) (1) (B)j Board of County Commissioners I From: George M. Burg Resolution No. R 1302 -04 County Manager Subject: Resolution AU, riz Pathe Exec . n of an Interlocal Agreement between the City of South Miami and the Miami -Dade County Stormwater Utility for Stormwater Management Recommendation It is recommended that the Board of County Commissioners (BCC) approve the attached resolution authorizing the execution of an interloeai agreement for stormwater management between the City of South Miami ("the City ") and the Miami -Dade County Stormwater Utility ( "Me Utility "). This new five (5) year agreement wilt replace the current agreement on October 1. 2009, and will remain in effect unfit September 30, 2014. $cope The City of South Miami is in Miami -Dade County Commission District 7 (Comm. Gimenez). Fiscal Impact/Funding Source The City shall be responsible for an estimated annual total of $38,902 in shared costs and the Utility shall be responsible for an estimated annual total of $29,068. For the five (5) year term of the agreement, the City's total will not exceed $194,510, and the Utility's total will not exceed $145,340. Without the proposed interlocal agreement, the County would be responsible for all costs. Track RecordlMonitor The Director of the Department of Environmental Resources Management will monitor this agreement. Background On June 18, 1991, the BCC adopted Ordinance No. 91 -66, creating the Miami -Dade County Stormwater Utility and establishing a uniform approach to stormwater management in Miami -Dade County. The municipalities were subsequently given the option to become part of the Utility or to create their own local stormwater utility that provides a dedicated source of stormwater funding in accordance with Section 403, Florida Statutes. On October 3, 2000, the City of South Miami adopted Resolution R- 1045 -00, creating stormwater management regulations within their municipal code with their own stormwater utility as the funding source. On July 28, 2009, the City passed and adopted Resolution No. 122 -09 -12931 (Attachment A), approving a new five (5) year interlocal agreement for stormwater management between the City and the Ui lity. The proposed new agreement (Attachment B) replaces the current agreementwhich expires September 30,. 2009, and continues the relationships and responsibilities for the operation and maintenance of stormwater sms shared by the City of South Miami and the Miami -Dade County Stormwater Utility. e Assistant c 11, W11 � 1` TO: Honorable Chairman Dennis C. Moss RATE: November 17, 2009 and Members, Board of County Commissioners FROM: R. A. C evas, it County Attorney Please note any items checked. SUBJECT: Agenda Item No. 8(D) (1) (B) "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 Ordinance creating a new board requires detailed County Manager's report for public hearing No committee review Applicable legislation requires more than a majority vote (Le., 2/3's v, 315's J� unanimous _) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required D- Approved Mayor Agenda Item No. 8(D) (1) (B) veto 11 -17 -09 Override RESOLUTION NO. R- 1302 -09 RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND THE MIAMI -DADE COUNTY STORMWATER UTILITY FOR STORMWATER MANAGEMENT; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXERCISE ALL PROVISIONS THEREIN WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW, 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 the Miami -Dade County Stormwater Utility for stormwater management responsibilities and the use of applicable funds for stormwater management work by the City of South Miami and the Miami -Dade County Stormwater Utility in shared stormwater drainage systems near or within the boundaries of the City of South Miami, commencing October 1, 2008, and expiring September 30, 2014, in substantially the form attached hereto, and made a part hereof; and authorizes the County Mayor or County Mayor's designee to execute amendments to this agreementfor time extension and to accept additional funds that may become available for this agreement; and authorizes the County Mayoror County Mayor's designee to exercise the provisions contained therein. Resolution No. R- 1302 -09 Agenda hem No. 8(D)(1)(B) Page No. 2 The foregoing resolution was offered by Commissioner Sally A. Heyman who moved its adoption. The motion was seconded by Commissioner Rebeca Saosa and upon being put to a vote, the vote was as follows: The Chairperson thereupon declared the resolution duly passed and adopted this 17th day of November, 2009. 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 as to form and legal sufficiency. Peter S. Tell MIAMI -DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS ootwatss HARVEY RUVIN, CLERK By. DIANE COLLINS Deputy Clerk t Dennis C. Moss, Chairman aye Jose "Pepe" Diaz, Vice - Chairman aye Bruno A. Barreiro absent Audrey M. Edmonson aye Carlos A. Gimenez aye Sally A. Heyman aye Barbara J. Jordan aye Joe A. Martinez absent Dorrin D. Rolle absent Natacha Sejas absent Katy Sorenson aye Rebeca Bose aye Son. Javier D. Souto absent The Chairperson thereupon declared the resolution duly passed and adopted this 17th day of November, 2009. 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 as to form and legal sufficiency. Peter S. Tell MIAMI -DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS ootwatss HARVEY RUVIN, CLERK By. DIANE COLLINS Deputy Clerk t EXHIBIT A RESOLUTION NO.: 122-09-12931 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE (5) YEAR INTERLOCAL AGREEMENT WITH MIAMI -DADS COUNTY FOR ROUTINE CANAL MAINTENANCE FOR THE LUDLAM GLADES AND BROAD CANALS FOR AN AMOUNT OF $38,902 ANNUALLY, TO BE FUNDED FROM THE STORMWATER TRUST FUND ACCOUNT NUMBER 111 - 1730 -541 -6491; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami, Florida, wish to provide routine canal maintenance along the Miami -Dade County canal (Ludlam Glades and Broad Canal) systems within the City; and WHEREAS, an intertocal agreement has been created between Miami -Dade County and the City of South Miami for the purpose of sharing the cost for the routine maintenance; and WHEREAS, Miami -Dade County shall provide canal maintenance services as set forth In the interlocai agreement for the Ludlam Glades canal, from SW 52n° St. to SW 80`f, St. and for the Broad Canal from south side of SW 58h St. culvert to SW 64h St.; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OT THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Commission authorizes the City Manager to enter Into an agreement with Miami -Dade County for the routine canal maintenance of the Ludlam Glades and broad canals. Section 2: The City Commission authorizes the City Manager to expend an amount of $38,902 annually for the next five (5) year's stormwater budget starting FY2009 -2010 stormwater trust fund account number 111 - 1730- 541 -6491 for the scope of work defined in attachment "B° of the interlocal agreement. Section 3: The attached exhibit is incorporate by reference into this resolution. PASSED AND ADOPTED this 28th day of July 2009. EST: zi TY CLERK r READ A ND APPROVED AS TO FORM: COMMISSION VOTE: 4-0 „ -- - -- MayorFeliu: absent Vice Mayor Beasley: Yea Commissioner Palmer: Yea CITY ATT EY missioner Newman: Yea Commissioner Sellars: Yea MIAMI-DADE COUNTY, FLORIDA EXHIBIT B miff a THE CITY OF SOUTH MIAMI AND THE MIAMI -DADE COUNTY STORMWATEI2 UTILITY FOR STORMtWATER MANAGEMENT MIAMI -DADS COUNTY STORMWATER L71LITY (305) 372 -6656 DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT 701 NORTHWEST FIRST COURT, SUITE 400 MIAMI, FL 33136 .sa G FIVE (5) YEAR INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI (CITY) AND THE MIAMI -DARE COUNTY STORMNVATER UTILITY (UTILITY) FOR STORMWATER MANAGEMENT THIS FIVE (S) YEAR INTERLOCAL AGREEMENT, [the "Agreement'] by and between the M"sami -Dade County Stotmwater Utility, a public body corporate and politic, through its governing body, the Board of County Commissioners of Miami -Dade County, Florida [hereinafter sometimes referred to as "UTILITY ",j and the City of South Miami, a Florida Municipal Corporation, through its governing body, the South Miami City Commission of the City of South Miami, Florida. [hereinafter sometimes referred to as "CITY ",j is entered into as follows: WITNESSETH WHEREAS, Section 403.0893, Florida Statutes (F.S.), authorizes the establishment of stormwater utilities to plan, construct, operate, and maintain stormwater management systems; and WHEREAS, the Board of County Commissioners of Miami -Dade County, did, by adoption of Miami -Dade County Ordinances No. 9I -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 "j, and which UTILITY may operate within a municipality or municipalities; and WHEREAS, it is the intent of the UTILITY and the CITY, through this Agreement, to establish relationships and responsibilities for the maintenance of shared stormwater systems by the CITY and the UTILITY; and WHEREAS, the UTILITY and the CITY recognize that there are operating costs, as well as benefits, associated with maintaining shared stormwater drainage systems; and WHEREAS, the UTILITY and the CITY want to share these costs in proportion to the drainage area, the service provided, and the benefits received, Now, therefore, in consideration of the mutual promises and covenants contained 'herein and the mutual benefits to be derived from this Agreement, the parties hereto agree as follows: 2of11 ARTICLE I PURPOSES The UTILITY and the CITY enter into this Agreement to further the following purposes; (1) to protect and promote the public health, safety, and general welfare through the management of stormwater run -off; (2) to maintain and improve water quality and preserve and enhance the environmental quality of the receiving waters; (3) , to control fl.00ding 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 intergovermnental 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. Star nwater 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 rmw Stoater Utility Budget shall mean the CITY's developed and approved fiscal year budget which includes a component for stormwater management of its drainage system, 3ofi1 9 including capital and operating outlays necessary to maintain the level of service established in the CITY's Stonnwater Management Plans. 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 Stem 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 U'T'ILITY 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 shalt mean the period beginning on October 1 and ending on September 30 of the following year. Force Maieure shall mean an act of God, epidemic, lightning, earthquake, fire, explosion, hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on the rights or obligations under this Agreement, and which, by the exercise of due diligence, such parties shall not have been able to avoid. Such acts or events DO NOT INCLUDE inclement weather (except as noted above) or the acts or omissions of subcontractors, third -party contractors, material men, suppliers, or their subcontractors, unless such acts or omissions are otherwise encompassed by the definition set forth above. Maintenance is defined by, and limited to, the tasks listed in the. Attachmcnt "B" or other related stormwater drainage tasks agreed to by both parties' Project Managers. 4ofII I Project Manager shall mean the persons designated by the CITY and by the UTILI'T'Y to serve as the representative of each for the purposes of exchanging communications and to issue and receive directives pursuant to and within the powers provided under this Agreement. Written notice shall mean written communication between the Project Managers. ARTICLE III STATEMENT OF WORD 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 U ILIT'Y's relative stormwater runoff contribution to the shared drainage system is depicted in Attachment "A ". ARTICLE IV TERM OF THE AGREEMENT The term of this Agreement shall be for a period of five (5) years commencing on October 1, 2009 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 providcd, in this Agreement designating their respective project Manager. Each shall promptly notify each 5of11 �0 other of any change in the Project Manager designation by written notice as specified in this Agreement. C. Commencing with fiscal year 2009 -2010, and after approval of the Agreement, the costs allocable to the CITY and the costs allocable to the UTILITY based on the relative stormwater runoff contribution to each other's shared portion of the stormwater drainage systems are included in this Agreement and presented as described in Attachment "S". Estimated total expenditures for the five (5) year term of this Agreement are also included and shall not be exceeded. D. The tasks and levels of service set forth in Attachment "$" may be adjusted by the UTILITY due to prevailing environmental conditions, maintenance needs, or ownership, provided that the total annual estimated expenditures are not exceeded, If the tasks and level of service must be adjusted in such a manner that the annual estimated expenditure will be exceeded in any given year, then prior written approval by both patties' Project Managers must be obtained. However, the total five -year cost of the Agreement shall not be exceeded. E. Payments by the CITY are to be made within 30 days after the bill presentation. fn 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 Y (H) of this Agreement. The UTILITY shall reimburse the CITY for any amounts determined to have been overpaid by the CITY within 30 days after verification of the overpayment by the UTILITY. F. The CITY and the UTILITY shall maintain financial records for 5 vears pertaining to this Agreement, and shall make them available for inspection and copying at the place where the records are maintained within a reasonable time after receiving a records request. G. The CITY and the UTILITY shall each be responsible for procuring independently all necessary permits in the performance of their respective work under this Agreement, H. The CITY and the UTILITY shall each comply with all applicable regulations, ordinances and laws in effect in the performance of this Agreement. ARTICLE VI COMI PENSATION /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. 6ofII 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 instilled by Force Majeure, shall constitute a "CITY event of default". The UTILITY shall not be required to provide one year prior notice as required under Article IV before terminating this Agreement for default. The UTILITY may terminate this Agreement immediately after issuing written notice of default to the CITY. If a CITY event of default occurs, the UTILITY shall have all of the following cumulative and independent rights and remedies: 1. The right to declare that this Agreement together with all rights granted to CITY are terminated, effective upon such date as is designated by the UTILITY. 2. Any and all rights and remedies provided under federal laws and the laws of the State of Florida. UTILITY Event of Default Without limitation, the failure by the UTILITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are iustified by Force Majeure, shall constitute a "UTILITY event of default'. The CITY shall not be required to provide one year prior notice as required under Article IV before terminating this Agreement for default. The CITY may terminate this Agreement immediately after written notice of default to the UTILITY. If a UTILITY event of default occurs, the CITY shall have all of the following cumulative and independent rights and remedies: 1. The right to declare that this Agreement together with all rights granted to UTILITY are terminated, effective upon such date as is designated by the CITY. 2. Any and all rights and remedies provided under federal laws and the laws of the State of Florida. ARTICLE VIII GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of 'Florida. The UTILITY and the CITY agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this 7of11 1 a 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 MiamirDade 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 shalt be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto or their authorized representatives. ARTICLE X HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. ARTICLE XI RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reasons of this Agreement. ARTICLE XII REPRESENTATION OF CITY The CITY represents that this Agreement has been duly authorized; executed and delivered by the City Commission of the City of South Miami, 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. 13 9ofII 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 Miand -Dade County Mayor or the Mayor's Designee the required power and authority to perform this Agreement. ARTICLE XIV WAIVER There shall be no waiver of any right related to this Agreement unless in writing and signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time or of any other right under this Agreement. ARTICLE XV INVALIDITY OF PROVISIONS, SEVERABILITY Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. ARTICLE XVI INDEPENDENT CONTRACTOR The CITY shall, perform all work and services described herein as an independent contractor and not as an officer, agent, servant, or employee of the UTILITY. CITY shall have control of the work performed in accordance with the terms of this Agreement and of all persons performing the same, and CITY shall be responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any. The UTILITY shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant, or employee of the CITY. UTILITY shall have control of the work performed in accordance with the terms of this Agreement and of all persons performing the same, and UTILITY shall be responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between the UTILITY and the CITY. 9'of II { ARTICLE XVTI INDEMNIFICATION The CITY shall indemnify and hold barmless 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 sure of $100,000, or any claim or judgement or portions thereof, which, when totaled with all other claims or judgement paid by the CITY arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the CITY. The UTILITY does hereby agree to indemnify and bold harmless the CITY to the extent and within the limitations of Section 768.28 Fla. Stat., subject to the provisions of that Statute whereby the UTILITY shall not be held liable to pay a personal injury or property damage claim or judgement by any one person which exceeds the sum of $100,000, or any claim or judgements or portions thereof, which, when totaled with all other occurrence, exceeds the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses and causes of action which may arise solely as a result of the negligence of the UTILITY. However, nothing herein shall be deemed to indemnify the CITY from any liability or claim arising out of the negligent performance or failure of performance of the CITY or any unrelated third party, kS l0 ofli IN WITNESS THEREOF, the parties hereto through their duty authorized representatives hereby execute this Agreement. Attest: CITY OF SOUTH MIAMI, FLORIDA 6130 Sunset Drive South Miami, Fl- 33143 Attn: Ajibola Balogun, City Manager (305) 668 -2510 fl o 0 7 Authorized signature on behalf ity Clerk of the City of South Miami, Florida. By: 0-1 1-29109 City Manage?---' Date MIAMI -DADE COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA AS GOVERNING BODY OF THE IAMI -DADE COUNTY STORMWAT - TILITY By: Mwr or Designee Stephen F. Claris Center I I I N.W, I Street Miami, Florida 33I28 HARVEY RUUVIN, CLERIC fir' sP D°putV Clerk 1k / 1 /�r r Date Date ATTACHMENT "N' CITY OF SOUTH MIAMI CANAL DRAINAGE AREAS and % SHARE CANALS LUDLAM GLADES CANAL 1. City of South Miami 2. Miami -Dade County BROAD CANAL Same percent share as above DRAINAGE AREA (SO MILES) 1.381 1.045 l� % SHARE 57 0 43% TOTAL D"NAGE AREA= 2,426 sq mesas 1.6 o 3.000 t? Feet Cky of south tolm, 9=W 1 By. W ATTACHMENT "B" City of South Miami 2009/10 to 2013/14 Canal Maintenance Estimated Costs Selected Level of Service Shown Shaded Culvert Cleaning -Above Water Culverts Canal Cycle per Year 1 2 3 4 % Share Cost %Share Ludlam Glades Canal $W 58 St Culvert (bet. SW 63 Ave & 63 Ct)' $2,000 $6,000 1 $8,000 57% 100% $2,280 $200 sub -total $2.000 $6,0061 $8,000 sub -total $2,480 City Cost at Current Level of Service $2,480 Culvert Cleaning - Below Water Culverts (Canal - Cycles per Year 1 21 3 4 %Share Cost !Ludlam Glades Canal SW 58 St Culvert (bet. SW 63 Ave & 63 Cp` $31,500 $7,950 $107000 $15,000 $20,000 57% 100% $2,850 $170 sub -total $10,0001 $15,000 $20,0001 $3,020 City Cost at Current Level of Service $3,020 Mechanical Harvesting (submerged, emergent, and bank acres treated) Acres icanal Cycle s per Year 1 2 3 4 % Sharel Cost (Ludlam Glades Canal (Broad Canal (south of SW 58 St culvert) Cost Ludlam Glades Canal 'Broad Canal (south of SW 58 St culvert) $10,500 1 $21,000 i $2,6501 $5,300 $31,500 $7,950 sub -total $0 $0 $01 1 1 $0 City Cost at Current Level of Service $0 Chemical /Herbicide Treatment (submerged, emergent, and 'bank acres treated) Acres Canal C des er Year 1 2 3 4 % Share Cost Ludlam Glades Canal 'Broad Canal (south of SW 58 St culvert) $10,500 1 $21,000 i $2,6501 $5,300 $31,500 $7,950 57% 57 %1 $23,940 $6,042 sub -total $13,1601 $26,300 $39,450 1 $29,982 City Cost at Current Level of Service F $29,9821 11 ATTACHMENT" City of South Miami 2009/10 to 2013/14 Mowing - Flat Acres Canal Cycles erYear 1 21 3 4 %Sharei Cost 4 %Share Cost Ludlam Glades Canal Broad Canal (south of SW 58 St culvert) $0 l $0 Sub -total $0 $o $0 $D $0 City Cost at Current Level of Service $0 Mowino - Sloop Acres Canal Cycles per Year 1 21 3 4 %Share Cost Ludlam Glades Canal $500 f $1,000 I $1,500 57 °! °I $1,140 sub -tote! $500 $1,000 $1,500 $11140 City Cast at Current Level of Service 1 $1,140 City Cost at Current Level of Service 1 $2,280 TOTAL ANNUAL COST 1 $67,970 MDC UTILITY ANNUAL COST $29,0681 Annual MDC UTILITY 5 YEAR COST $145,340 5 Year MUNICIPALITY ANNUAL COST $38,902 Annual MUNICIPALITY 5 YEAR COST $184,510 5 Year Level of Se,aoa and Coot Estimates Provided by Miami -Dade Coma PubHta Woad DepaMeerd Dons not IncWuae matt etc clewirnt such as debos w ft, nuravw Coats atonal to exceed Us totai annual ar wms and are soulod to change based on omi onmentai conditions and COLA 'NDTE: Mw nPDade County (s not responsible for suvatuntl mane utnoe of euked plea or hoadaa:L fA mcintenence is Ilmited b Maintaining hydtnuik flow bmugh the carver. MIAMI- DADE • Carlos Alvarez, Mayor Department of Environmental Resources Management Water Management Division 701 NW 1st Court, 5th Floor Miami, Florida 33136-3912 T305-372-6529 F 305- 372 -6425 miamidade.gov December 1, 2010 Dr. Hector Mirabile, Ph.D. City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: NPDES Interlocal Agreement (IA) Annual Payment for Permit )'� 2010 -11 City of South Miami Dear Dr. Mirabile, The subject NPDES Interlocal Agreement (IA), of which your agency is a party to, requires Miami -Dade County to perform sediment and water quality sampling, monitoring, and analyses on behalf of all Co- Permitees. As specified by this agreement, costs attributable to these services are shared among the Co- Permitees, based on the number of outfalis. The corresponding stipend for your agency for the 2010 -11 Permit Year is $1,350.00 as shown on "Attachment A ", which is enclosed. Please make check payable to: Board of County Commissioners and inscribe with "DERM -NPDES Interlocal Agreement - 2010 -11 Payment'. Please send check to the attention of Ms. Jean Kunce. Miami -Dade County DERM 701 N.W. 18t Court, 5" Floor Miami, Florida 33136 Thank you for your continued participation in this program. If you have any questions, please feel free to call (305) 372 -6424 or email me at curiej@miaraidade.gov. Sine t7�r�l' Ju Curiel, P.E. Chief, Stormwater Planning Section Miami -Dade County — DERM cc: Marina Blanco -Pape, P.E., DERM Jorge Vazquez, DERM K .,� City of South Miami ry 6130 Sunset Drive, South Miami, Florida 33143 NO. (305) 663 -6339 Fax: (305) 667-7806 71Nt<,Fj ,tifgl REQUISITION "= Date: Vendor Name: Florida Department of Environmental Protection Vendor Number: Address: PO Sox 3070 City /State Tallahassee, FL Zip Bureau of Finance and Accounting Telephone Fax Type of Payment: For Purchase Order El For Check O Requested By Department Resolution No. P W O 2704 02/ 16 L 11 32315 -3070 1-1 CH 6130 SW 72 St. Is this Vendor on the Approved Method of Payment Delivery: Deliver To: E]P &R 5800 SW 66 S4 Vendor — Vendor Over $5,000 list? X Mail Payment to Vendor ❑x PW 4795 SW 75 Ave. YES NO_X� * "DO NOT MAIL*** INFORMATION TO BE FURNISHED BY DEPARTMENT FOR PURCHASING AGENT ACCOUNT UNIT ITEM NOS QUANTITY DESCRIPTION AND SPECIFICATIONS TO BE CHARGED PRICE TOTAL COST Invoice #18839 Facility ID FLS267201 111- 1730 -541 -3450 Annual Regulatory Program and I I $344.00 Surveillance Fee 2011 I I I ** *ATTACH 3 QUOTE: Purchase Order No..',. gip.+ • /��'r? i HEREBY CERT[FV THAT THE ABO V. J� OR SERVICE IS ESSENTIAL AND A PROPER REQUEST AGANST THECODESCHARGED. , g0-b\V Ca yi. 1UOTES & RESOLUTION FOR PURCHASE OVER $4.999 *** SUFFICIENCY OF APPROPRIATION BALANCES VERIFIED (EXCEPT AS OTHERWISE NOTED) PURCHASES AS ABOVE APPROVED AN ISSUANCE OF PURCHASE ORDER AUTHORIZED If V BEAD OF DEPARTMENT I FMANCEDEPARTtgNT I C Y.N dAGER 11 City of South Miami DETACH BEFORE DEPOSITING CITY OF SOUTH MIAMI, is exempt from payment of tax under Certificate No. 23 -19- 324896 -54( os soory City of South Miami -CITY OF PLEASANT LIVING' First National Bank 53 -587 1 of South Miami 670 No z OPERATING ACCOUNT South Miami, FL 33143 6130 Sunset Drive South Miami, Florida 33743 A ORtO PATE CHECK N0, AMOUNT 03/24/2011 71079 PAY EIGHT HUNDRED SEVENTY FIVE AND 00 /100 DOLLARS VOID AFTER 180 DAYS TO THE r ORDER MIAMI DADE DERM PERMIT RENEWAL CITY MANAG OF PO BOX 863532 ORLANDO FL 32886 -3532 FINANCE DIRECTOR 71079 2011030418081891 Department of Environmental Resources Management Environmental ReftDMs( WVgk8Tat Pollution Regulation & EnfM%ggWjgqvQg{>,utt MIAMI•DADE 701 NWftfi faLftotiatb�#ISU ® Tel 305- Aab'&&lP0 j8g -b'i L -A1* ,t, J F 305- 372 -6600 F305-372-6410 Carlos Alvarez, Mayor DEPT: (!/ P.O. # _v: March 04, 2011 REO # OPEN P.O.: DERV ANNUAL OPERATING P� NEW TBTIAL ❑ COMPLETE INDUSTRIAL WA CITY AND QUALITY RECEIVED AS BILLED Mr. W. Ajibola Balogun (IWS) 00 _Q fall_ 7�al2lL CITY OF S.MIAMI P.W. 0 RTPv1<NTHEAD ATE 4795 SW 75 AVE MIAMI, FL 33176 - CENTRAL SERVICES DATE Facility: CITY OF SOUTH MIAMI @ 4795 SW 75 AVE MIAMI, FL 33176 - This is a reminder that your facility's Annual Operating Permit as required by Chapter 24 -18 of the Miami -Dade County Code, will expire shortly. The permit fee due as stated on this fo-m is 'cased on the fee schedule approved by the Board of County Commissioners. Please make your check payable to Miami -Dade County and submit it only with the bottom portion of this form using the enclosed self addressed envelope. If there are changes to the mailing address only, please check the box below and make the changes on the back of this form. Be advised that failure to renew the Permit by the stated due date shall result at a minimum in the issuance of a Uniform Civil Violation Notice, pursuant to Chapter 8CC, Miami -Dade County Code, requiring compliance with the;Code and payment of a civil penalty. in addition, permit fees shall be doubled and departmental administrative enforcement costs of *100 shall be incurred for each official Notice issued prior to compliance. If you have any questions on your permit renewal feel free to contact us at 305 -372 -6600 and reference permit number IWS- 02234- IMPORTANT: If there are any changes in the name of the facility owner, facility name, or location - contact DERM at the telephone number listed above and DO NOT submit a payment at this time; operating permits are NOT transferable and will not be issued without additional documentation. 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AlAl and M,nngemem se,wcea Avia,iory a adding COde Compban`e Mr. Fritz Armand sanding Public Works Director Business Development City of South Miami Capoal Imprwemems 4795 SW 75 Avenue Cltizen's independent Tnnsiwnatlon Trust Miami, Florida 33155 Ce:nn,nn:oaziana Commun¢v Aaron Agcn y Re: Interlocal Agreement for FEMA Funded Stormwater Drainage Projects Community &Economic Development between the City of South Miami and the Miami -Dade County (MDC). eommunliv Rely „ "na Censumcr servmr< Cortealbns &Rnhabilicilion Dear Mr. Armand: Counlfwide Heallhcre Planning Cnm,,,l Anm,. Enclosed is a copy of Attachment "B" of an Interlocal Agreement between the City of Elw..% South Miami and Miami -Dade County for Federal Emergency Management Agency Emergency Managemen. (FEMA) Funded Stormwater Drainage Projects, passed and adopted on October 12, Empb,ce aelannns 2006, effective October 22, 2006. Enwpnsn TcrJw gy San,ces fnvimnmentalRnourcesManageme ", In accordance with Article V of the Agreement, please accept this letter as the v Empin,m,ent pm "'aM second annual statement of cost. The annual principal amount as stated in Tina "" Attachment "B" of the Agreement is $27,036. For FY 09 -10, the average annual "eR tVe interest rate is 0.916 %, and the total interest on the balance of the amortized General se, ie Adm :nle „ano” amount for twelve (12) months is $1,485. Henceforth, the total annual principal and interest due to the County is $28,521. Honwess Trust Enclosed is Invoice #SM510 for a total of $28,521. Please make your payment Houfmg finance Aathonty within thirty (30) days of receipt of this letter. H "man se,vaes independent Reviav Panel If you have any questions please do not hesitate to contact Jean Kunce or me at e =n „InnalTl,deCnm,dinm (305) 372 -6656. la"enne Assessment Center DEPT: _ P.O. # Medical Exannner Me;n,p.lit "nrlanni "Rorgana,ilnn Sincerely, 2�l �� ' REO » OPEN P.O.: Pnrk and Recrennon Pl,nuing and Zoning __—DELIVERY: PARTIAL G' COMPLETE QUKTITY AND QUALITY RECEIVED AS BILLED Pr «o,ament Management Curt L.A. Williams, Manager Property Apprarc Stormwater Utility Section /(� O 0�_ �a ' /q� ®�� Pubec Ub,an• syven' ,� p�PAR� TM E 1D ODE Public Wa&, sme Nwghborarmd Parks CW Seapon attachments — DATE CENTRAL SERVICES salia waale Management So-a,eg:c Bu<mess Management cc: Marina Blanco -Pape, P.E., Chief, Water Management Division, DERM TeamMeno Jean Kunce, Accountant, Stormwater Utility Section, DERM Tmnslt U,ban Re,InMi=l.o Task Form Av. ( ?' '� ' L v�rr l �� n�nk, vizc yn Museum a:xl Gardens .� _, _ .. ✓ \Mater and Sa+wer �� � ., /iv(IAMI -DADE COUNTY, FLORIDA MIAMI DADE MIAMI -DADE COUNTY n Invoice # SM410 STORMWATER UTILIIDXPT, t"\/ P.O. # INVOICE REQ #__.Ao_L�__ OPEN P.O.: El March 22, 2010 DELIVERY: PARTIAL ❑ COMPLETE ❑ QUANTITY AND QUALITY RECEIVED AS BILLED TO: City of South Miami �} �— ym 4795 SW 75 Avenue DE ARTME HERD �� BATE Miami, FL 33155 C€NTRPL CFRVIC DATE INDEX CODE: DER 017018 _ PROJECT NO. PROJECT NAME AMOUNT MDC FEMA Funded Projects reimbursement or FY 2008/2009 City Share Princi al $27,036 00 _ Cit Share Interest i12 months) $3,260 00 TOTAL � $30,296 00 Please return I copy of this Invoice with your remittance. PLEASE MAKE CHEQUE PAYABLE TO: MIAMI -DADE COUNTY STORMWATER. UTILITY Attention : Curt Williams 701 N.W. 1 Court, 5th Floor MIAMI, FLORIDA 33130 -1540 �h ••� • •� P• �S M . > .' December 15, 2010 TO: City of South Miami 4795 SW 75 Avenue Miami, FL 33155 MIAMI -DADE COUNTY STORMWATER UTILITY INVOICE Invoice # SM510 INDEX CODE: DER 017018 _ PROJECT NO. PROJECT NAME AMOUNT MDC FEMA Funded Projects reimbursement f FY 2009/2010 - d City Share Principal $27,036 00 City Share Interest L12 months) $1,485 00 TOTAL $28,521 00 Please return 1 copy of this Invoice with your remittance. PLEASE MAKE CHEQUE PAYABLE TO: MIAMI -DADE COUNTY STORMWATER UTILITY Attention: Curt Williams 701 N.W. 1 Court, 5th Floor MIAMI, FLORIDA 33130 -1540 DEPT: P.O. # REQ # 2 6I OPEN P.O.:[] DELIVERY: PARTIAL ❑ COMPLETE ❑ QU T{TY AND QUALITY RECEIVED AS BILLED GO DEPARTM TREAD ATE CENTRAL SERVICES DATE uj W LLI i' r r F � ?_ W Q r o �z� Woo W LL, W r z 0 O O N O O N m O 4� N N' CA 0 0 N N 4 O N to O 4 N O O N O O N d O O N O O N M O O N O O O O p O O O O O O O LO 'd" CO CO O h O CO LO M CU h O r o D) (n N C7. 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O( O O O( O O O i p r o (M CD O) O O CO M N M (q O O M rl- O O M CO M O tD OJ (b O m C` ID N O OD (T (D 0) r N r tO Vr� CD V O OD M (T ti O (p (O O D N IC) IT V' V' V' C6 ('7 (li m N N N m N (YJ M CD CT N O r r W o o^ M h- M ID z a N O N r N Cl) N O ~ O Ci O O o O O -It W ❑❑ O O O o O o o O o M h (D OM M r (X] O CT O C) (D d W z N h- V' O M M (M (T h tD r CO O V (D O CO ❑ N O r N N M N N N M M M �T M "T N N N M N (n IO tt) t1) to t(') tD LO tI) tO tO to It) O M CO Q O p Mi— C,(A N N N co J o 0 0 0 0 0 0 0 0 o p o 0 = fa (O CT N r r- r N t` (O O M N (D (p 0 CD O CD 0 O �-- O (D M (T (M N V tD V' Cl) "T 00 r r O O (D 1 (D Z O I() CO O <- T�t (D rl- M O O r LO O co M Cl) N M M N M O O o to o t,- r�: N N N N N O N 1` r` Lf) N O CD (T ti N O N M r 0 (D CY) O N M O) M M O m m v) 6, O r N M tD 'ID' (A CT O r- N M I` O N N N N N N N N M M M M OV U N w C 6 5, Z3 0 0 0 0 0 0 0 0 0 o co co r N CT V (A CO CO r` CO LO M (D �- an d .i m E N ti(D IO CM CO N O CD IT r (D N 1`- (D M (D (O tD M (6 (6 Q <i' CD O co r O r r r r r r r N r N N r r Q f1 V) C C N _ N d d c m Q F `m a y- w w Mlo < fW') C F- Q)W ED 2 W W Q J W O =F- v3 DaU_ LL, � co 0 z0 ,L Q2 , ,¢cn ¢ a ORDINANCE NO. 17 -06 -1 885 AN ORDINANCE OF THE MAYOR. AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO EXECUTING AN INTER-LOCAL AGREEMENT WITH MIAMI -DADS COUNTY FOR FEMA- FUNDED STORMWATER DRAINAGE PROJECT (LUDLAM GLADES CANAL DREDGING); PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 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 Interlocai 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 laterlocal 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 ev--F- -9a�, Pg. 2 yf Ord. ido. 17 -06 -1885 �i PASSED AND ADOPTED this Id day of _ � -- 2006. ATTEST: &Y CLERICS +w ,r- ;'NF • APPROVED: 1st Reading -W/ 13 / 0 6 2 °d Reading' -7/18/06 COMMISSION VOTE: 5 -0 Mayor Folio, Yea Vice Mayor Wiscombe: Yea CommissionerBirts: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea C:\Documeats and Settings \SRothstein\My Documents\Reso- Ord\Comm Agenda Supp Doc- 0613- 3- Interlocal Agreement with IvIDC for Canal Dredging.doc Additions shown by underliaine and deletions shown by eiaea . South Miami our � � qQ- America C�ly N � c CITY OF SOUTH MIAMI OFFICE OF TFIE CITY MANAGER `, IV INTER- OFFICE MEMORANDUM 2001 - To; The Honorable Mayor Feliu and Members of the City Commission r Via: Yvonne S. McKinley, Acting City Manager Tzo From: W. Ajibola Balogun, REM, CFEA, Direct Public Works & Engineering Department Date- 7 7 8 - 112006 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 EFFEC'T'IVE 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. ReasonlNeed: After hurricane Andrew, Hurricane Irene, and the "no name" storm of Octobei 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 add Miami- Bade 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 sour CITE' OF SOUTH AffAAU South Miami ao �q q - Amedcac Excellence, Integrity, Inclusion `'FMCOflPOAAiED � i3z> A LO Rig 2001 TO: Maria Menendez DATE: December 12, 2006 City Clerk FROM: W. Ajibola Balogun, REM, CFEA Public Works & Engineering Director RR Original Copy of Inter -local agreement with Miami -Dade County for ITENIA 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- t1 U_ /"f�_U /11 .5PIKE DEC 13 40I • • 1 MfAMI-DA I DE COUNTY, FLORIDA MIAWMWADE CITY OF SO-UTH, MIA AND MaAAff-DA-DE COUNTY FOR' FEDERAL EMERGENCY MANAGEMENT AGENCY, (FE�) FUDED Dp lOjvcT& Xllv-6 (� INT)IMCLOCAL AGREEMENT BETWEEN CITY OF SOUTH MIAMI AND AMLA-Afl-DADE COUNTY FOR FEMA--FUNDED STORMWATER DRAINAGE PROJECTS THIS INTERLOCAL AGREEMENT; [the "Agreement"] by and between Mian-d-Dade Crarmyj a political subdivision of the State of Florida, [hereinafter sometimes ref6ri-6d tol, as r'jvMC"j, and the City of South. Miami Storrawater Utility, a public body corporate and politic, p through its governing body, 'the South Miami. City Commission of the City of South Nliaffii, Florida.[, ereirraffer sometimes referred to as "CITY ",] is entered into. this � day of WITNESSET14 NOW, THBREFO..Rj3, IN CONSIDERATION. OF THE. M-CiTUALTR_01MISES AND CQ P VA D�.PERB.I.X .7BEMUTUAL FROM qM AGREEMENT, THE PARTIES HERETO AGREE AS FOLLOWS.- ARTICLE I PURPOSES MDc and the CITY enter into this Agreement to ffirther the following"purposes: To repair and restore shared stormwater drainage systems located drainage sq'M"ce areas in accordance with the approved I e canals' dsedgirig , culvert and headwall repair or repl 64� c a and y'T q-:' ed maintenance of flow control structures and S' and j thel mechanical `atd electrical components, :s kated `Stornwater CE aMa p . s s as'. determined by conditions of the system Service - 6stabl : isAll in harb and allocate the cost of (2) To provide a ecliabrikii'for �YMC and the CITY . to's , ., _ 1. . .. . ...... . :. , ed drainage , systems . as 'slated , (1), above' and to d,ih rcstoimg,an(4�ippairffig share stormwater . . � I . ve projects: on .-.b di benefiting the CITY for FEMA.- ro­ d" remi urse. �M. C: for expenditures W. shared §'ibrin w"ate'r.diainago systems; (3) Seek to'prot.ect an d promote the public health, safety, and. gene al welfare througJi the m anagenj ,." qnt f Seek to miaiffitaii, and impmvq water quality and preserve and enhatice, the environmental quality of the receiving waters; 2 of 10 (5) . Seek to control flooding that results from rainfall events; {6) Seek to prevent unimmaged rainwater from eroding sandy . soils and causing sedimentation; (7) Seek to prevent the disruption of the habitat of aquatic plants and animals; (g) Seek to promote intergovernmental cooperation in effectively and efficiently managing storinwater ran-off. ARTICLE H DEFINITIONS agreement shall mean this document, including any written amendments, attachments, and other written documents; which are expressly incorporated by reference. Annual char cs shall mean the principal derived via amortization table, Plus interest charges and administrative fees; over a mutually agreed upon period. dr�'jjj system 7; sail ra th�e'�"c6 0 age Shared Storarwater D t' can p sf6ffi y --_prainage S stern MDC ta;mvhich both the CITY and MDC may contribute stormwater runoff and wbich is in by identified in Attachment "A an !' a copy of which is attached hereto d incorporated harei Costs a2ocab]6 to the CITY shall mean those portions of the actual ' outlays-bi t idgetled by �MC in budget process, which are allocated to the CITY based on the FEMA-approved projects as so ciafawith shared. drainage systems. Costs allocable to actual outlays budgeted by the CITY in MA-appioved projects 16 'CITY s budget' shall, mean those portions of the cess,,which are allocated to I\MC based; on the FE associated with shared drainage systems. dir.and replacement, FEMA'-Faaded PKqj cts shall mean canal dredging, culvert and headwall rep erabaokmeftt restoration, roadway drainage repair and replacement, and road xesurfkcirig. Intere I s �t'C h shall mean the interest rate equivalent to the annual average (based on Monthly rates 'repoitedby the Miami-DA6 Couhty Finimce Dcpaitmont . ) that 1��C cam . 6d on its po6led investments I .. during: that p . articular prior fiscal year, applied to the balaiicel of the amortized * amount.-..Interest sballaccrup from the effective date of this Agreement and may be piorated-fbr the period between paYnients. -Fiscal Year shall mean the period beginning on'Ocfober I and ending on S&ptember 30 of the following year. 'Mai6igq shall mean an act, of God, lightning; earthquake, fire, explosion, OPI hurricane, flood or similar occurrence, strike, an act of a public enemy; or ttio6kade, insurrection ccurr 0 similar e I rice, ot, general, arrest or restraint 'f government and people, Givff disturbance or sala f 3 of 10 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; thud -patty contractors, material men, suppliers, or their subcontractors, unless such acts or omissions are otherwise encompassed by the definition set forth above. ARTICLE III S'T'ATEMENT OF WORK MbC shall fully and timely perform all work tasks described herein under FEMA- Funded Projects and described in Attachment ' ' 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 dafe: &MC 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 NMC's shared . stornrwater drainage ..... •., s''" em and M]]C's relative stormwafer hi off contribution to "the shared "sformwafer 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 SMC,;: 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:rerm . The initial term of this Agreement shall be for a period of ten (10) years commencing on the date of execution by WC. Option to Renew Upon, mutual written consent of the parties; this Agreement may renewed for one additional period ofone (1) year. 4of10 __ - -_- _____ ARTICLE V CITY AND AID C RESPONSIBILITIES A. Upon the request of either the CITY or MDC, each party shall share information i concerning operations, design and. construction costs and cost allocation determinations of the FENa-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. he- costs allocable to the CITY and the costs allocable to NfbC based on the relative I I stormwater runoff contribution to each others shared portion of the stormwater drainage systems Are included in, this Agreement and presented as described in Attachment "13", a copy of which is Attached hereto and incorporated herein by r6fcr6ace. The costs are not i MA to be exceeded and may only b 0' n the lowered based final approved closure cost of the project; ShoWd FEMA approve a closure cost that reduces the Current Estimated Cost, an associated reduction will be made to the Estimated Final Cost Share Total f6r S6ufh.�M! Arm, NMC shall reimburse the City; within nifiety (90). days,, apyj qtts paid by the Cray in, 6xcess"617 the adju-sted Es'�firhafbd FihAr Cc# Share T6tk D. Costs allocable to the Cl TY represent principal and interest costs for the prior- fiscal al year, and he provi shall ded to the CrIY not later. than December of each y� for the prior fiscaty6ar 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 ftom the date of 'receipt of the invoice from MDC. In the event of w disput&, concerning the invoiced amount the CITY may notify MDC of the nature of the dis P uto, and Am(,� sliaii ' in arrangements for the pertinent records to be_ made available- for insptiction by the CITY,. NMC: shall reimburse the CITY for any amounts determiara6. iia've- been overpaid by flic CITY Within thirty (30) days After verification by WC of the over . payment. 5. Tlio'CITY and MDC shall, maintain. financial records f6r the M t6hod of this Agre6ment And shall make. the records available within a reasonable time after r6q.ticstAk them for insp ep tiqu and copying by either the CITY or NMC at the place where; the records are , p maintained. T . a,CITY and MDC shall comply with all applicable regulations, ordinances, and laws. 4H. mbd shall manage the litiancial administration of the Project sites, prepare FENU &adr dcici�nentfti6r4, A e fUrids for design and construction, z , - I 11 i and. proV'id, e design' construction: managercrt f or an agreed management gat fee of i% of the design an d construction costs for restoration and repair of h are d storm water drainage systems Whic h may included wi t h the first annual payment or financed. The CITY is aware that FBMA may not. reimburse this management f6ej bowever, the ziiahagerrient fee is consistent with.similar costs for this type of work- 5 of 10 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. 7. The CITY agrees that any cost incurred by MDC pursuant to this Agreement which is not reimbursed by DCA or FEMA shall be bome by the CITY and reimbursed to MDC by the CITY. K. NMC 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 COMPENSATfON /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 ind'epeadenfrights and. semedies: 1. 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 ofbefault 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, sha1I constitute a "NIDC event of default ". if a MDC event of default should occur, the CITY shall have all of the following cumulative and indeoenderrt rights and remedies: 6 of I0 The right to declare that this Agreement is terminated, effective upon such date as is designated by the Cl= 2. Any and all rights provided under federal laws and the laws of the State of Florida and Miami-Dade County. ARTICLE VIII GOVERNINGLAW 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 f6r any controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami -Dade. County, Florida, of in the Vnite& States District Court for the Sonthern! District of Florida, in Miami -bade County; Florida. ., ARTICLE IX ENTIRETY bV AGREEMENT jjiis-�Agr'O`e7m`Om: Micor rates' includes all prior ne , go f ., ti conversations po, and is ons, correspon ence, convers ons� ents� and understandings applicable to the matters contained imthi's' Agreement, 'The parties agree that there are no commitments, agreemeiits; or., understandings concerning the .subject matter of this Agreement that are. not contained in this Ageement, and that this Agr,66inent contains the entire agreement between' the parties as to all inattftg, contained herein. Accordingly, , it is agreed that no deviation from the terms hereof s611 16 predicated upon predicated, any, prior, representations or agreements, whether oral or written_ it is a'gTe* ed that- Any oral r6ptesehfationsi or modifications concerning this Agreement shall be of no force or effect,. and that t7iis Agreement naa} Be modified, altered or amended on! ritt y b y a wn eri. amendment duly executed by both parties hereto or their authoritdd representatives. ARTICLE HEAI)1203S CAptions:and headings in this Agreement axe for case. of reference only and do not constitute a pat of this Agreement, and shall not affd&t the meaning or interp retation of provisions a&r6iu: ARTICLE -M M ' - REPRESENTATION OF CITY Th6 qlTy represents, that this Agreement has been duly authorized;. executed, ; and delivered by tli6 City of Miami. Commission, as the governing. Body, of the CITY and if has the requiredxpower and aiithoiity to execute this.Agrdemcnt: ?of of 10 ARTICLE XL( REPRESENTATION OF A1DC NIDC 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 night 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 Agreq.ruaiit shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the partiduldi right so waived and s ' hall )act 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 Wheiever.pos8iblc, each provision. of the Agreement shall be interpreted in such manner as to be eff6ctive,- and 'v0d, under., applicable law, but if any provision 'of this � Agreement. shall be. prohibited or iicvalid under applicable law, such provision shall bl, ineffective to the extent of such, prohibition. or invalidity, vnithout invalidating, the re.mala&r.of such-provlslb'a or 'the remain f t1i Agreement remaining provisions of this Agreement provided that the matep purposeg 0 A can b6 determined and effectuated. ARTICLE ' XVI , INDEPENDENT CONTRACTOR CITY shall perform all work and services described as an independent - contractor and net as an 6f]iG6r,1agcnt*,. servant, or employee of MDC.. CITY shall. have oouirol.oithe work! performed ,in. accordance, with the terms of this Agreement and of all persons peifomnng th same and Cl 71Y shall. be responsible fbi the acts and omissions of its offlders� age s; employees cofitiibfois; and subcontractors; if any. NID C hall oT_13q allw and, d services described heroua as an ind6pend6nt'contiactor, andiibt pq, as an' officer, agent; servant,, or? e , mRl0YPe of the CITY. .MIDG shall have control of:tlie work performed in accordance with the bmis of this - Auecm6nt and o e0 gt4d Sam I q; I an . &WC shall be fespbfisibI6 for the acts and I omissi6ns of its:�oi6c'ers, agents, employees;' contractors, and subcontractors, if any, 8 of 10. Nothing in this agreement shall be construed as creating a partnership or joint venture between NMC 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 INDEAINMCATION The CITY shall indemnify and hold harmless MDC and its officers; employees, agents, and instrumentalities to the extent and within the limitations of Section 768.281, Fla: Stat<, subjct to the provisions of that Statute from any and all Iiabili'ty, 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, suns, causes of actions or proceedings of any kind or nature arising out Of, relating to or resulting fzoin the performance of this Agreement By the CITY or its employees, agents, servants; partners, principals or subcontractors. The. CITY shall pay all claims and fosses in connection therewith and shall investigate and defend all claims; suits or actions of any land 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 CM( shall in no way limit the responsibility to. , .. uiiiemnify, keap "and save harmless and' defend MDC or` its of£oers em- ployees, agents and instrurii'entalitias as herein provided. MIJC 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 NMC shall not be held liable to pay a personal injury or property daixiage claim or judgment by. any one person which exceeds the Burn of $100;000, or any clanri or judgments of Portions fbereof; 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 ofperformance of the CITY or any unrelated third party. ARTICLE XV III NOTICES AND APPROVAL Notices and, approvals required or contemplated by this Agreement- . shall be written and personally served or maned; reg stered' or cerCiffed 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 9 of 16 To City: Phone: IN WITNESS TMRFOF, the parties through their duly authorized representative-s hereby qxeciiic this' AGREEMENT commencing on the date of execution byAfDC. Attest:' CITY Clerk Maria M. Menendez d5 CITY OF SOUTH MIAMI, FLORIDA Authorized signature on, behalf of the CITY of South Miami,, Florida: By' C ty Mah D fe T- u n M �) CO TY, FLORIDA _E , _ - a sh g6r For the Board' of County-commissioners.Mi.ami- Stephen P. r Clak Center . . 1, , I I I-L N.W. Ist , . . , Street„ , Mf aa. ;F,l8rida3lffi HARVEY RUVEN, (jLERK Ait, 6 s t: By D' U' Clerk Date Date, 10 of 10 ATTACHMENT "A" Basin Study and Cost Share Table I. I. I C CITY OF SOUTH MIAMI D.C. Canals and Drainage Areas fflERM 0.4 ;Q- cl- Canal LUDLAM GLADES CANAL t. South Miami 2. Dade County ATTACHMENT "A" city OF soUTH MIAMI CANAL DRAINAGE AREAS % SHARE Drainage Areas (SQ �MILESI % SHARE 7.38 57% 7.05 43% ATTACHMENT "B" FEMA Funded. Project Cost Table 1� I -Approved Mayor Benda Item No. g(p) (X) Veto Override 10-10-06- WNCIAL FILE ewy CLERK OF THE BOARD -§F"0WNTYGOMj*§sjOhf 1, DW MUNTY. FLOR!pA, RESOLUTION NO. R-1191-06 RESOLUTION AUTHORIZING EXECUTION OF AN �6 I NTERLOCAL AGREEMENT BETWEENTHE CITY OF :'4F SOUTH MIAMI'Mb MIAMI-bAD,E COUNTY, FLORIDA FOR FEDERAL 'EMERGENCY, MANAGEMENT Y. i7;, ..AGENCY (FLMA), FUNDED STO,R,MWATER DRAINAGE PROJECTS; AN. D AUTHORIZING THE COUNTY MANAGER TO EXERCISE - THE TERMINATION PROVISIONS CONTAINED THEREIN WHEREAS;, this Board desires; to accomplish the purposes outlinad,lh ."the accompanying memorandum a: copy of which is incorporated herein, by reference, NOW, THEREFORE, BE IT RESOLVED 'BY THE E30ARJj- or- COUNTY COMMISSIONERS OF MIAMI -DARE COUNTY, FLORIDA. that this, Board hereby approves the interlbcal. agreement between, the City of South Miami, and Miami -Dade County for F6deral Emergency Management Agency (FEMA),furide rdrainage dstormwate Projects fesboneibilities and the use of aOpllc'ble funds f6r storm tormariagement work a- wa by the City. of South Miami and Miami Dada (306htw in shared sforrrfwater drainage Systems near or within the boundaries of the City of South Miami, effecilveupon execution, in subs tantibily the .formtattached herbto' m a d '""d P , a e a part,hereof; and authorizes the County to execute same for and on behalf of Miarnf-Dad'e County, and to exercise the. terminati on provisions . contained' therein. Agenda Item Nb: 8(D)'(3) (X): Page No; 2 7 fw T FiLR` g'resolution was offered by Commissioner 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: The Chairperson thereupon declared the resolution duly passed and adopted this .12th, day of October, 2006. This resolution shall become eftctkie ten (10) days after the data of its ad6ptlon unless voio6d,by the Mayor, and if vetoed, shall become'effbct[ve only upon an override by'this Board. MIAMI DADE.COUNTY, FLORIDA BOARD .OF COUNTY ,Approved by County Attorney t6 fbr,rnand legal suffibfenGy.�e Peter S. tell HARVEYRUVIN,, CLERK INN Joe A. Martinez, Chairman I absent Dennis C. Moss, Vjc6= GhajF`marj aye Bruno A,.. Barreiro, 'Ed absent Jose. "Oepe�i Diaz , aye Audrey M. m q n s o n aye Carlos s A. Giffie6ez aye 8afly A. Heyman aye I 8arbara J. Jordan aye Dorrfn D., Rolle aye Naia ' cha Selia,6 aye Ka S2fpnson absent R6beca SQSa AWent The Chairperson thereupon declared the resolution duly passed and adopted this .12th, day of October, 2006. This resolution shall become eftctkie ten (10) days after the data of its ad6ptlon unless voio6d,by the Mayor, and if vetoed, shall become'effbct[ve only upon an override by'this Board. MIAMI DADE.COUNTY, FLORIDA BOARD .OF COUNTY ,Approved by County Attorney t6 fbr,rnand legal suffibfenGy.�e Peter S. tell HARVEYRUVIN,, CLERK INN Date: October 10, 2006. • [ To: Honorable Chairman doe•A. Martinez and Members, Agenda. Board, of CountyCountyCommissioners UO_ 8 (D) (1) �(Z� From. Goor jj. ager 0 Subject: Resolution Authorizing Execution of an Interlocal'Agreement Between the City of South. Miami and Miami-Dade County for Federal Emergency Management Agency Funded Stormwater Drainage Projects If is recommended that, the Board approve the attached Resolution authorizing execution of an iriteriocal a6reem ent with the City bfSouth Miarrif (City) for or FbI dera t Em6rgbncyManage e rf Agency FEMA) funded sformwater d rain 9& pioJ091s. This agreement establishes relationships and responsibilities for repair and re stbration of stbrmwaterdralnage sy shared by County stems the City and Miami-Dade Coi yi�Count total yj. , Theib le�tim;j.t.edGostofthi§prgjecfis J,j77,-qf`wh' h'75.percentigpT �yEEMA;, "_ _­` ed-b-v4fiP_Ririd A which -.12,5JMcceht s " d d, J orOVI Department of . C6mmdnit' 'Affairs (DQA); and: 12.5 percent by'loo lffial share) f6r'eligible administration, design and construction, I costs. The I City-s for 11 reirribursek-hen'tto the 06untv of 57% 6f the local share, as detbrthined S�Iudies; pib§'a m'a'nagp'mont fee and. in'ifierb . st. T h . 6 C . iVs; tof a! - .exc V76:A03. This s agreement it effective upon execution by the County To-' a r years;. LI(JUMYOtUIIIIVVaLUI U.U!Ity kumny),wPq esiamisnea as a cc County: Board of Commissioners of',Miami' -Dade 'Gounty V of Chapter 24' of th is utility refs 'a uniform approach , t- o st6rmWater mariageme t�icipalities were given tfie p a-ft,6f, tfi,d-U i, .­qn, o become /or to. create th'ej'r'owndedicatddsource ofst6rrbwatiarfurid Florida Statutes: funds, bj drainage basin fluding; interest; is period of ten. (10) e County Pursuahtto Qounty ' Resolutio n RA 045-00, -passed and adopted on-.0 Otober 3; 2000" the City, becam6- exempt from the Utility and debated its own, sionT.i. adopted 6twty as _ ' ! i its • funding * sour de� T�b proposed establishes rplatiDnshlO§ a nd resp b rsi b Ifi i e Sf 6 rtha E MA funded 'repair and restoration of,storinwater drai­ nage sys t ems:s ar&d by the City and the Clobrify. Assi§tahtCouhty'.Mana6er i i ORDINANCE NO. 10.02 -1779 AN ORDINANCE OF THE MAYOR AND CITY COMvisSTON OF THE C:FTY OF SOUTH MIAMI; FLORIDA,: R91sATING ,'i0 THE BUDGET, CONCERNING THE STORMWATER bSER FEE RATE, SC7 FtNG !TM FEE` RATE, P II3 ROV71,td.. FOR SEVERXBILITY; ORDINANCES IN CONFLICT, AND A71$F1*ECIIVE DATE. ' FVHE$EAS, the City of $butb Miami established a Stoim"',IW Utility in October 206(1 for the flrrtherance of starmwaim manage'inent gtials thmighout the City, and; and.,. Statutes section 903 requires the Gifp to establish a fcc rate scrtficietif to plait; stall; construct operate n zoainkrteit 8 StortllVYatei inmagemenf systcin, artd; WFtEi2EAS; the City s cosi -share of FcdeTal Emergency Managpmegt Agency (F MA) fundad canal 6ndginb ex}ierises is prof Idd tfi total in excess of.$2,80,006.00, and; MPIREAS, tHc City, Manager reconnnends a Stormwstcr User Fee Rate of 54.50 pCr Equtialent ltcciilCntral Unie (ERU); perthontfi to coYar Flies.$ upcaiting i;+:t>rxtses, .. NOW;,7TiEREi bRE BE l OKOASNED BYTIlt MAY0k,A11U G =i'CY C0 4 fLSSTONOf? tiiF 2 ITY OF SOUTfLMf 4tvil; FL6MA'. CCtiort 1,: m! Mayor and City commlWbn Nyeby sets the Stnrutwai:r User Fee rate at 54:54 p; - F1(u.,fyglenk Rcsiden'tlal -Unit (ERU) per manOq as prpy- id°,ii .bV ordinance. 21 -0Q-f 723; 1j'ase frtnds to Uc used for slotmivarerpttrpo�soniy. � - - u�s'3r1' 2. lhuy section; Clause; scnn%cd, orphras6 of this ordTnia .rs foE tiny rcasor? field rnvalid or uncansunTtrciiial by e COLA of W,knpereijt jurisdiction, die holding sfwtt not "ati'mt the validify' of the, icmaToing portions oftlus,urdina{ve. - .. Section 3, All ordinances or parts or ordinances in conflict wit11 (ho provisions of dies ordinance are t4• , . - Secuoir 4. Tivs aadirlatke s2iidl t}ke effect Lcunedlritcly upon approye3 . PASSED AND ADOPTED this 17th d2y or gopf6jnk r 2062. ATTEST .. APPRO�V %ED�,T - ~ Gt.BffK /�' .'MAY t„ I�'i2csdTag `.'3epicmiseY3 2Q02 . .. 2n3 Reading 5Vt6mber l7 '2"Op2 (as amended} . .. - ,� ' COJl3NtlS$fOT' VOTE' 549 READ 6 �'P� �O F Ivlayor Rpfiatna Yaa h / VICC hfayoflzuasolf: ':. Yea` co Yaq CanmtssiouerBellieL• Yea - _ Com/nlSSi6ttCtf.COlitlle: Yea. Additions showTf by underline and deletions shown by sy&�fjk[ng; STREET SWEEPER ORDINANCE 54 -08 -1989 III - 1730 -541 $115,414.00 PAYMENT FY PAYMENT DATE PAYMENT AMOUNT PRINCIPAL INTEREST BALANCE 2009 5123/2009 25,134.04 23,921.39 1,212.65 91,492.61 2010 2/23/2010 25,134.04 22,152.89 2,981. I S 69,339.72 2011 2/23/2011 25,134.04 22,146.16 2,987.88 47, 1 93.56 2012 2123/2012 25,134.04 23,100.45 2,033.59 24,093.11 2013 2/23/2013 25,134.04 24,093.11 1,041.03 0.00 Total 12S,670.20 I 1 5,414.00 10, 25 6.30