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.
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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
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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
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80AXD
#Fmny of MI
aIS� 4DM, A Memorandum 10"M
Date: November. 17, 2009 i
To: Honorable Chairman Dennis C. 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:
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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.
(Tear along perforation and return bottom portion with your payment.)
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Department of Environmental Resources Management
Water Management Division
MIA1410ADE
701 NW 1st Court, stn Floor
Miami, Florida 33136-3912
®
T 30S- 372 -6529 F 30S- 372 -6425
Carlos Alvarez, Mayor
ADA C^mdinaiien ,
miamidade.gov
Agenda CO nl milcn
An l n Public Places
December 15, 2010.
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
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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
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2n3 Reading 5Vt6mber l7 '2"Op2 (as amended}
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549
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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