4CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM THE CITY OF PLEASANT LlVINC
To:
FROM:
DATE:
SUBJECT:
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
June 3,2014 Agenda Item No.:_+-
A Resolution authorizing the City Manager to enter into a five (5) year Interlocal
Agreement with Miami Dade County for routine canal maintenance for the
Ludlam Glades and Broad Canals for an amount up to $38,902 annually, to be
funded from the Stormwater Trust Fund.
Background: In an effort to continue the routine canal maintenance partnership, Miami-Dade
County has submitted the attached agreement for maintaining the City's Ludlam
Glades and Broad Canal systems. With this agreement, Miami-Dade County will
provide culverts maintenance, chemical treatment and obstruction removal
services for the next five years, commencing on October 1, 2014 and ending on
September 30, 2019. This routine maintenance will:
Amount:
Account:
• Protect and promote the public health, safety and general welfare through the
management of stormwater run-off
• Maintain and improve water quality and preserve and enhance the
environmental quality of receiving waters
• Control flooding that results from rainfall events
• Deter unmanaged rainwater from eroding sandy soils and causing
sedimentation
• Deter the disruption of the habitat of aquatic plants and animals.
• Promote intergovernmental cooperation in effectively and efficiently
managing stormwater run-off.
As stated in the attached letter from the County, this agreement will replace the
current five year Interlocal Agreement forStormwater Management between the
City of South Miami and Miami-Dade County Stormwater Utility. The cost is the
maximum estimated annual cost, and the County only invoices actual work
performed.
Amount not to exceed $38,902 annually
The expenditure shall be charged to the Stormwater Trust Fund account
number 111-1730-541-6490 which has a balance of $308,453.35 before this
request was made.
Attachments: Resolution
Letter from Miami-Dade County Stormwater Utility Planning Department
Five Year Interlocal Agreement between the City of South Miami and Miami-
Dade County for Stormwater Management
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
54
55
56
57
RESOLUTION NO.: _____ _
A Resolution authorizing the City Manager to enter into a five (5) year Interlocal Agreement
with Miami Dade County for routine canal maintenance for the Ludlam Glades and Broad
Canals for an amount up to $38,902 annually, to be funded from the Stormwater Trust
Fund.
WHEREAS, the Mayor and City Commission wish to provide routine canal maintenance along the Miami
Dade County canal (Ludlum Glades and Broad Canals).
WHEREAS, An Interlocal 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 Interlocal
Agreement for the Ludlam Glades, from SW 52 Street to SW 80 th Street, and Broad Canal from South side of SW
58 th Street culvert to 64th Street; and
WHEREAS, the total expenditure is not to exceed $38,902 annually; and
WHEREAS, the Mayor and City Commission desire to authorize the City Manager to enter into five (5)
year Interlocal Agreement with Miami Dade County for routine canal maintenance for the Ludlam Glades and Broad
Canals.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Manager is authorized to enter into a five (5) year Interlocal Agreement with Miami
Dade County for routine canal maintenance for the Ludlam Glades and Broad Canals for the amount of $38,902
annually, for a five year cost of $194,51 O. A copy of the agreement is attached.
Section 2: The expenditure shall be charged to the Stormwater Trust Fund account number 111-
1730-541-6490 which has a balance of $308,453.35 before this request was made.
Section 3: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or
unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining
portions of this resolution.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this ___ day of ______ , 2014.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND EXECUTION
THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
Carlos A. Gimenez, Mayor
April 23, 2014
Mr. Steven Alexander, City Manager
City of South Miami
4795 SW 75 Avenue
Miami, FL 33155
Public Works and Waste Management Department
Stormwater Utility Planning Division
701 NW 1"1 Court, 51h Floor
Miami, Florida 33136-3912
T 305-372-6529 F 305-372-6425
miamldade.gov
Re: Renewal of the Interlocal Agreement for Stormwater Management between the City of
South Miami and Miami-Dade County Stormwater Utility for FY 2014/15 to 2018/19
Dear Mr. Alexander:
Please find enclosed for your review, approval, and presentation to your City's Commission, three originals
of the five-year Interlocal Agreement for Stormwater Management (Agreement) between the City of South
Miami and the Miami-Dade County Stormwater Utility. The enclosed Agreement will replace the current
five-year agreement which expires later this year; September 30,2014. This new five-year agreement will
commence on October 1, 2014, and expire on September 30,2019.
Attachment "A" of the Agreement includes a Canals and Drainage Basin Areas Map, which depicts the areas
in square miles that are serviced / drained by each canal near or within the City boundaries. The Percent
Share Table, also in Attachment "A", uses the square miles of the drainage areas to compute the pro-rata
share of the drainage for each canal for the Utility and the City. This pro-rata percent is then used in
Attachment liB" to determine the cost share for the maintenance of each canal. These costs are maximum
estimated annual costs, as the County invoices only for actual work performed.
All of the costs in the Agreement are unchanged. The total annual estimated cost remains at $67,970, of
which the Utility is responsible for $29,068 annually. Accordingly, the City's annual cost is estimated at
$38,902, while the City's five-year cost will not exceed $194,510.
Please return to us, three signed originals of the Agreement, and a copy of the City Commission's Resolution
authorizing the City Manager to enter into the Agreement. A fully signed and Board of County
Commissioners executed Agreement will be returned to you for your records.
Please contact Randall White of my staff or me at (305) 372-6688 if you have any questions.
Sincerely,
~ "'-~. ~ ........ AQ-lS)""""'''-'-_''''
Curt L.A. Williams, Manager
Stormwater Utility Section
Enclosure: Three Original Five (5) Year Interlocal Agreements
Pc: Kelly Barket, Jr., Chief Superintendent, City of South Miami Public Works Department
Marina Blanco-Pape, P.E., Division Director, Storm water Utility Planning Division, PWWM
Randall White, Project Supervisor, Stormwater Utility Section, PWWM
MIAMI-DADE COUNTY, FLORIDA
FIVE (5) YEAR
INTERLOCAL AGREEMENT
between
THE CITY OF SOUTH MIAMI
AND
THE MIAMI-DADE COUNTY STORMWATER UTILITY
FOR
STORMWATER MANAGEMENT
MIAMI-DADE COUNTY
STORMWATER UTILITY (305) 372-6688
70iNORTHWEST FIRST COURT, SUITE 500
MIAMI, FL 33136
FIVE (5) YEAR
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI (CITY)
AND
THE MIAMI-DADE COUNTY STORMWATER UTILITY (UTILITY)
FOR STORMW ATER MANAGEMENT
THIS FIVE (5) YEAR INTERLOCAL AGREEMENT, [the "Agreement"] by and
between the Miami-Dade County Stormwater Utility, a public body corporate and politic,
through its governing body, the Board of County Commissioners of Miami-Dade County,
Florida [hereinafter sometimes referred to as "UTILITY",] and the CITY of 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",] 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. 91-66 and Ordinance No. 91-120, as amended
by Ordinance Nos. 92-44 and 92-86, create a stormwater utility [hereinafter referred to as the
"UTILITY"], and which UTILITY may operate within a municipality or municipalities; and
WHEREAS, it is the intent of the UTILITY and the CITY, through this Agreement, to
establish relationships and responsibilities for the maintenance of shared stormwater systems by
the CITY and the UTILITY; and
WHEREAS, the UTILITY and the CITY recognize that there are operating costs, as well
as benefits, associated with maintaining shared stormwater drainage systems; and
WHEREAS, the UTILITY and the CITY want to share these costs in proportion to the
drainage area, the service provided, and the benefits received,
Now, therefore, in consideration of the mutual promises and covenants contained herein
and the mutual benefits to be derived from this Agreement, the parties hereto agree as follows:
2 of 11
ARTICLE I
PURPOSES
The UTILITY and the CITY enter into this Agreement to further the following
purposes:
(1) to protect and promote the public health, safety, and general welfare through the
management of stormwater run-off;
(2) to maintain and improve water quality and preserve and enhance the
environmental quality of the receiving waters;
(3) to control flooding that results from rainfall events;
(4) to deter unmanaged rainwater from eroding sandy soils and causmg
sedimentation;
(5) to deter the disruption of the habitat of aquatic plants and animals;
(6) to promote intergovernmental cooperation in effectively and efficiently managing
stormwater run-off;
(7) to maintain and repair shared stormwater systems located within the limits of the
drainage service areas in accordance with the approved plans. These include maintaining canals,
a)ld any required maintenance of flow control structures and stormwater pump stations and their
mechanical and electrical components; maintaining stormwater systems as determined by
conditions of the system, prevailing environmental conditions, and the level of service
established.
(8) to provide a mechanism for the UTILITY and the CITY to share and allocate the
cost of maintaining and repairing shared stormwater drainage systems as stated in (7), above.
ARTICLE II
DEFINITIONS
Agreement shall mean this document, including any written amendments, attachments,
and other written documents, which are expressly incorporated by reference.
Stormwater Management Plans shall mean stormwater management plans developed by
both the CITY and by the UTILITY, to meet the required level of service as established in their
respective stormwater management programs or master plan pursuant to Florida Statute
403.0891.
CITY Stormwater Utility Budget shall mean the CITY's developed and approved fiscal
year budget which includes a component for stormwater management of its drainage system,
including capital and operating outlays necessary to maintain the level of service established in
the CITY's Stormwater Management Plans.
3 of 11
Utility Stonnwater Budget shall mean the UTILITY's developed and approved fiscal
year budget for stonnwater 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 Stonnwater Drainage System shall mean that portion of the drainage system
owned by either the CITY or the UTILITY to which both the CITY and the UTILITY contribute
stonnwater runoff and which is further identified in Attachment "A".
Costs allocable to the CITY shall mean those portions of the actual maintenance and
operating outlays budgeted by the UTILITY in its yearly budget process, which are allocated to
the CITY based on the CITY's relative stonnwater runoff contribution to the shared portion of
the stonnwater 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 stonnwater 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 stonnwater 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 tenn benefit to the users. The yearly charges allocable to the
CITY or to the UTILITY shall be that amount prorated, plus interest charges and administrative
fees, for no longer than the calculated useful life of the capitalized item in no case exceeding 20
years. A separate Interlocal Agreement is required for any approved Capital Outlays that may be
amortized beyond the life of this Agreement.
Fiscal Year shall mean the period beginning on October 1 and ending on September 30 of
the following year.
Force Majeure shall mean an act of God, epidemic, lightning, earthquake, fire, explosion,
hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection,
riot, general arrest or restraint of government and people, civil disturbance or similar occurrence,
which has had or may reasonably be expected to have a material adverse effect on the rights or
obligations under this Agreement, and which, by the exercise of due diligence, such parties shall
not have been able to avoid. Such acts or events DO NOT INCLUDE inclement weather (except
as noted above) or the acts or omissions of subcontractors, third-party contractors, material men,
suppliers, or their subcontractors, unless such acts or omissions are otherwise encompassed by
the definition set forth above.
Maintenance is defined by, and limited to, the tasks listed in the Attachment "B" or other
related stonnwater drainage tasks agreed to by both parties' Project Managers.
4 of 11
Project Manager shall mean the persons designated by the CITY and by the UTILITY to
serve as the representative of each for the purposes of exchanging communications and to issue
and receive directives pursuant to and within the powers provided under this Agreement.
Written notice shall mean written communication between the Project Managers.
ARTICLE III
STATEMENT OF WORK
The CITY AND the UTILITY shall fully and timely perform all work tasks described in
this Statement of Work:
The CITY shall maintain and repair shared stormwater systems located within the limits
of the drainage service areas in accordance with this Agreement and the CITY's stormwater
management plan. The CITY shall be responsible for maintaining aesthetic conditions only on
canals and other water bodies within the City's boundary by providing for litter and minor debris
removal as needed.
The UTILITY shall maintain, repair and enhance shared stormwater management
systems located within the limits of the drainage service areas in accordance with Attachment
"A" and Attachment "B".
The CITY's relative stormwater runoff contribution to the UTILITY's shared drainage
system and the UTILITY's relative stormwater runoff contribution to the shared drainage system
is depicted in Attachment "A".
ARTICLE IV
TERM OF THE AGREEMENT
The term of this Agreement shall be for a period of five (5) years commencing on
October 1, 2014 and ending on September 30, 2019, provided, however, either party may
terminate this Agreement without cause prior to the expiration date upon one (1) year's advance
written notice to the other party of its decision to terminate this Agreement.
ARTICLE V
CITY AND UTILITY RESPONSIBILITIES
A. Upon the request of either the CITY or the UTILITY, each shall share
information in matters related to operations, maintenance, design and construction costs and cost
allocation determinations associated with shared drainage systems.
B. The CITY and the UTILITY shall provide notice to each other, as provided, in
this Agreement designating their respective Project Manager. Each shall promptly notify each
5 of 11
other of any change in the Project Manager designation by written notice as specified in this
Agreement.
C. Commencing with fiscal year 2014-2015, 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 "B". 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 "B" 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. The CITY may also
request modifications to the tasks or level of services set forth in Attachment "B". Any such
work requested by the CITY shall commence within reasonable time after the request has been
made to the UTILITY. If the tasks and level of service must be adjusted in such a manner that
the annual estimated expenditure will be exceeded in any given year, then written approval by
both parties' 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.
In the event of a dispute on the billed amount, the CITY may notify the UTILITY of the nature
of the dispute and the UTILITY shall make arrangements for the pertinent records to be made
available for inspection by the CITY, as indicated under Article V (H) of this Agreement. Upon
resolution of the dispute, payments by the CITY are to be made within 30 days. In the event of
an overpayment by the CITY, the UTILITY shall reimburse the CITY within 30 days after
verification of the overpayment by the UTILITY.
F. The CITY and the UTILITY shall maintain financial records pertaining to this
Agreement for five (5) years after the expiration of this Agreement, and shall make them
available for inspection and copying at the place where the records are maintained within a
reasonable time after receiving a records request.
G. The CITY and the UTILITY shall each be responsible for procuring
independently all necessary permits in the performance of their respective work under this
Agreement.
H. The CITY and the UTILITY shall each comply with all applicable regulations,
ordinances and laws in effect in the performance of this Agreement.
1. If requested, the UTILITY will provide a tentative yeady maintenance schedule at
the beginning of each fiscal year. The UTILITY contact for maintenance activities will be the
Chief of Miami-Dade County Public Works and Waste Management Department's Road,
Bridge, Canal, and Mosquito Control Division.
6 of 11
ARTICLE VI
COMPENSATION/CONSIDERATION
A. It is the intent and understanding of the parties that this Agreement is solely for
the CITY and the UTILITY. No person or entity other than the CITY or the UTILITY shall
have any rights or privileges under this Agreement in any capacity whatsoever, either as a third-
party beneficiary or otherwise.
CITY Event of Default
ARTICLE VII
DEFAULT
Without limitation, the failure by the CITY to substantially fulfill any of its material
obligations in accordance with this Agreement, unless such failures are justified by Force
Majeure, shall constitute a "CITY event of default". The UTILITY shall not be required to
provide one year prior notice as required under Article IV before terminating this Agreement for
default. If the UTILITY determines that a CITY event of default has occurred, the UTILITY
shall provide written notice of such default to the CITY and allow the CITY a thirty (30)
calendar day period to rectify the "CITY event of default".
In the event that the UTILITY determines that the CITY event of default has not been rectified,
the UTILITY shall have the right to terminate the Agreement with the following cumulative and
independent rights and remedies:
1. The right to declare that this Agreement together with all rights granted to the
CITY are terminated, effective upon such date as is designated by the UTILITY.
2. Any and all rights and remedies provided under federal laws and the laws of the
State of Florida.
UTILITY Event of Default
Without limitation, the failure by the UTILITY to substantially fulfill any of its material
obligations in accordance with this Agreement, unless such failures are justified by Force
Majeure, shall constitute a "UTILITY event of default". The CITY shall not be required to
provide one year prior notice as required under Article IV before terminating this Agreement for
default. If the CITY determines that a UTILITY event of default has occurred, the CITY shall
provide written notice of such default to the UTILITY and allow the UTILITY a thirty (30)
calendar day period to rectify the "UTILITY event of default".
In the event that the CITY determines that the UTILITY event of default has not been rectified,
the CITY shall have the right to terminate the Agreement with the following cumulative and
independent rights and remedies:
7 of 11
1. The right to declare that this Agreement together with all rights granted to the
UTILITY are terminated, effective upon such date as is designated by the CITY.
2. Any and all rights and remedies provided under federal laws and the laws of the
State of Florida.
ARTICLE VIII
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. The UTILITY and the CITY agree to submit to service of process and
jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this
Agreement or a breach of this Agreement. Venue for any court action between the parties for
any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial
Circuit in and for Miami-Dade County, Florida, or in the United States District Court for the
Southern District of Florida, in Miami-Dade County, Florida.
ARTICLE IX
ENTIRETY OF AGREEMENT
The parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this Agreement, and
that this Agreement contains the entire agreement between the parties as to all matters contained
herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements, whether oral or written. It is further agreed that
any oral representations or modifications concerning this Agreement shall be of no force or
effect, and that this Agreement may be modified, altered or amended only by a written
amendment duly executed by both parties hereto or their authorized representatives.
ARTICLE X
HEADINGS
Captions and headings in this Agreement are for ease of reference only and do not
constitute a part of this Agreement and shall not affect the meaning or interpretation of any
provisions herein.
ARTICLE XI
RIGHTS OF OTHERS
Nothing in this Agreement expressed or implied is intended to confer upon any person
other than the parties hereto any rights or remedies under or by reasons of this Agreement.
8 of 11
ARTICLE XII
REPRESENTATION OF CITY
The CITY represents that this Agreement has been duly authorized, executed and
delivered by the CITY Commission of the CITY of 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.
ARTICLE XIII
REPRESENTATION OF UTILITY
The UTILITY represents that this Agreement has been duly approved, executed and
delivered by the Board of County Commissioners, as the governing body of the UTILITY, and it
has granted the Miami-Dade County Mayor or the Mayor's Designee the required power and
authority to perform this Agreement.
ARTICLE XIV
WAIVER
There shall be no waiver of any right related to this Agreement unless in writing and
signed by the party waiving such right. No delay or failure to exercise a right under this
Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall
be limited to the particular right so waived and shall not be deemed a waiver of the same right at
a later time or of any other right under this Agreement.
ARTICLE XV
INV ALIDITY 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.
9 of 11
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.
ARTICLE XVII
INDEMNIFICATION
The CITY shall indemnify and hold harmless the UTILITY and its officers, employees, agents
and instrumentalities from any and all liability, losses or damages, including attorney's fees and
costs of defense, which the UTILITY or its officers, employees, agents or instrumentalities may
incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature
arising out of, relating to or resulting from the performance of this Agreement by the CITY or its
employees, agents, servants, partners, principals or subcontractors. CITY shall pay all claims
and losses in connection therewith and shall investigate and defend all claims, suits or actions of
any kind or nature in the name of the UTILITY, where applicable, including appellate
proceedings, and shall pay all costs, judgements and attorney's fees which may issue thereon.
Provided, however, this indemnification shall only be to the extent and within the limitations of
Section 768.28 Fla. Stat., subject to the provisions of that Statute whereby the CITY shall not be
held liable to pay a personal injury or property damage claim or judgement by anyone person
which exceeds the sum of $200,000, or any claim or judgement or portions thereof, which, when
totaled with all other claims or judgement paid by the CITY arising out of the same incident or
occurrence, exceed the sum of $300,000 from any and all personal injury or property damage
claims, liabilities, losses or causes of action which may arise as a result of the negligence of the
CITY.
The UTILITY does hereby agree to indemnify and hold harmless the CITY to the extent and
within the limitations of Section 768.28 Fla. Stat., subject to the provisions of that Statute
whereby the UTILITY shall not be held liable to pay a personal injury or property damage claim
or judgement by anyone person which exceeds the sum of $200,000, or any claim or judgements
or portions thereof, which, when totaled with all other occurrence, exceeds the sum of $300,000
from any and all personal injury or property damage claims, liabilities, losses and causes of
action which may arise solely as a result of the negligence of the UTILITY. However, nothing
herein shall be deemed to indemnify the CITY from any liability or claim arising out of the
negligent performance or failure of performance of the CITY or any unrelated third party.
10 of 11
IN WITNESS THEREOF, the parties hereto through their duly authorized representatives hereby
execute this Agreement.
Attest:
CITY Clerk Date
CITY OF SOUTH MIAMI, FLORIDA
6130 Sunset Drive
South Miami, FL 33143
Attn: Mr. Steven Alexander, City Manager
(305) 663-6338
Authorized signature on behalf
of the CITY of SOUTH MIAMI, Florida.
By: __________________ __
CITY Manager Date
MIAMI-DADE COUNTY BOARD OF COUNTY
COMMISSIONERS, FLORIDA AS GOVERNING
BODY OF THE MIAMI-DADE COUNTY
STORMWATER UTILITY
By: -------------------Mayor or Mayor's
Designee
Stephen P. Clark Center
111 N.W. 1 Street
Miami, Florida 33128
HARVEY RUVIN, CLERK
Attest:
By: -------------------Deputy Clerk
11 of 11
Date
Date
ATTACHMENT "A"
A.I -Percent Share Calculation Table
A.2 -Canal Drainage Areas Map
ATTACHMENT "A.1"
CITY OF SOUTH MIAMI
CANAL DRAINAGE AREAS and % SHARE
CANALS DRAINAGE AREA (SO MILES) % SHARE
LUDLAM GLADES CANAL
1. City of South Miami 1.381 57%
2. Miami-Dade County 1.045 43%
BROAD CANAL
Same percent share as above
SR 878
CITY OF SOUTH MIAMI
CANALS AND DRAINAGE AREAS
~
O'l
-..I
--1
I
~ m
UNINCORPORA1"ED
MIAMI-DAD
sw 40TH ST
SOUTH
MIAMI
~
~ m
sw 48TH ST
(fJ
~
c.n co
--1
I
~ m
\ 1 \, I ~ \ SW 64TH ST I!
~ m
sw 80TH ST
» r
I »
$
OJ
;0 »
o
5j
N
CORAL
GABLES
(fJ » z »
$ »
;0 o
o
;0
NINCORPORATE
MIAMI-DADE
SNAPPER CREEK CANA
DADELAND MALL
LEGEND
CD Ludlam Glades Structure
D Drainage Basin Boundary
~
City of South Miami
'---------'
Unincorporated Miami-Dade
PINECREST
TOTAL DRAINAGE AREA = 2.426 sq miles
o 750 1,500 3,000 4,500 ---6,000
Feet ----
Map: SouthMiamLmdx I File:SouthMiamLpdf
Date:03/19/2009 I By: MP
ATTACHMENT "B"
Five (5) Year Cost Share Table
ATTACHMENT "8"
City of South Miami
Canal Maintenance Estimated Costs (FY 2014/15 to 2018/19)
Selected Level of Service Shown Shaded
Culvert Cleaning -Above Water
Cycles per Year
Canal 1 2 3 4
Ludlam Glades Canal $2,000 I .~4,000 $6,000 $8,000
SW 58 St Culvert (bet. SW 63 Ave & 63 Ct)* $200
sub-total $2,000 $4,2QO $6,000 $8,000
Municipality's
% Share Cost
57% $2,280
100% $200
$2,480
City Cost at Current Level of Service (2 cycles) $2,4801
Culvert Cleaning -Below Water
Cycles per Year Municipality's
Canal 1 2 3 4 % Share Cost
Ludlam Glades Canal $5,.000. $10,000 $15,000 $20,000 57% $2,850
,
SW 58 St Culvert (bet. SW 63 Ave & 63 Ct)* $170 100% $170
sub-total $5,170 $10,000 $15,000 $20,000 $3,020
City Cost at Current Level of Service (1 cycle) $3,0201
Chemical/Herbicide Treatment (submerged, emergent, and bank acres treated)
Cycles per Year Municipality's
Canal 1 2 3 4 % Share Cost
Ludlam Glades Canal $10,500 $21,000 $31,500 $42,000 57% $23,940
...... ,
Broad Canal (south of SW 58 St culvert) $2,650 $5,300 $7,950 $10,~OO 57% $6,042
sub-total $13,150 $26,300 $39,450 >$52;1300 $29,982
City Cost at Current Level of Service (4 cycles) $29,9821
Mechanical Harvesting (submerged, emergent, and bank acres treated)
Cycles per Year Municipality's
Canal 1 2 3 4 % Share Cost
Ludlam Glades Canal $0 $0 $0 $0 57% $0
Broad Canal (south of SW 58 St culvert) $0 $0 $0 $0 57% $0
sub-total $0 $0 $0 $0 $0
City Cost at Current Level of Service (no cycles) $01
ATTACHMENT "8"
City of South Miami
Canal Maintenance Estimated Costs (FY 2014/15 to 2018/19)
Mowing -Flat
Cycles per Year
Canal 1 2 3 4
Ludlam Glades Canal $0 $0 $0 $0
sUb-total $0 $0 $0 $0
Municipality's
% Share Cost
57% $0
$0
City Cost at Current Level of Service (no cycles) $01
Mowing -Slope
Canal
Ludlam Glades Canal
SUb-total
Obstruction Removal (contingency)
Canal
Ludlam Glades Canal
Broad Canal (south of SW 58 St culvert)
SUb-total
TOTAL ANNUAL COST
MDC STORMWATER UTILITY ANNUAL COST
MDC STORMWATER UTILITY 5 YEAR COST
CITY OF SOUTH MIAMI ANNUAL COST
CITY OF SOUTH MIAMI 5 YEAR COST
Does not include aesthetic cleaning such as debris or litter removal
'NOTE: Miami-Dade County is not responsible for structural maintenance of culvert
pipe or headwalL IA maintenance is limited to maintaining hydraulic flow through the
culvert.
Cycles per Year Municipality's
1 2 3 4 % Share Cost
$500 $1,000 $1,500 $2,00Q 57% $1,140
$500 $1,000 $1,500 ... $2,000 $1,140
City Cost at Current Level of Service (4 cycles) $1,140\
Cycles per Year Municipality's
1 2 3 4 % Share Cost
$2.0PO $4,000 $6,000 $8,000 57% $1,140
$2,000 $4,000 $6,000 $8,000 57% $1,140
$4.000 $8,000 $12,000 $16,000 $2,280
City Cost at Current Level of Service (1 cycle) $2,2801
$67,9701
$29,0681 Annual
$145,3401 5 Year
$38,902\ Annual
$194,5101 5 Year
MIAMI-DADE COUNTY, FLORIDA
FIVE (5) YEAR
INTERLOCAL AGREEMENT
between
THE CITY OF SOUTH MIAMI
AND
THE MIAMI-DADE COUNTY STORMWATER UTILITY
FOR
STORMWATER MANAGEMENT
MIAMI-DADE COUNTY
STORMWATER UTILITY (305) 372-6688
701 NORTHWEST FIRST COURT, SUITE 500
MIAMI, FL 33136
FIVE (5) YEAR
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI (CITY)
AND
THE MIAMI-DADE COUNTY STORMWATER UTILITY (UTILITY)
FOR STORMW ATER MANAGEMENT
THIS FIVE (5) YEAR INTERLOCAL AGREEMENT, [the "Agreement"] by and
between the Miami-Dade County Stormwater Utility, a public body corporate and politic,
through its governing body, the Board of County Commissioners of Miami-Dade County,
Florida [hereinafter sometimes referred to as "UTILITY",] and the CITY of 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",] 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. 91-66 and Ordinance No. 91-120, as amended
by Ordinance Nos. 92-44 and 92-86, create a stormwater utility [hereinafter referred to as the
"UTILITY"], and which UTILITY may operate within a municipality or municipalities; and
WHEREAS, it is the intent of the UTILITY and the CITY, through this Agreement, to
establish relationships and responsibilities for the maintenance of shared stormwater systems by
the CITY and the UTILITY; and
WHEREAS, the UTILITY and the CITY recognize that there are operating costs, as well
as benefits, associated with maintaining shared stormwater drainage systems; and
WHEREAS, the UTILITY and the CITY want to share these costs in proportion to the
drainage area, the service provided, and the benefits received,
Now, therefore, in consideration of the mutual promises and covenants contained herein
and the mutual benefits to be derived from this Agreement, the parties hereto agree as follows:
2 of 11
Utility Stormwater Budget shall mean the UTILITY's developed and approved fiscal
year budget for stormwater management of its drainage system, including capital and operating
outlays necessary to maintain the level of service established in the Utility's Approved Plans.
Shared Stormwater Drainage System shall mean that portion of the drainage system
owned by either the CITY or the UTILITY to which both the CITY and the UTILITY contribute
stormwater runoff and which is further identified in Attachment "A".
Costs allocable to the CITY shall mean those portions of the actual maintenance and
operating outlays budgeted by the UTILITY in its yearly budget process, which are allocated to
the CITY based on the CITY's relative stormwater runoff contribution to the shared portion of
the stormwater drainage system of the UTILITY.
Costs allocable to the Utility shall mean those portions of the actual maintenance and
operating outlays budgeted by the CITY in its yearly budget process, which are allocated to the
UTILITY based on the UTILITY's relative stormwater runoff contribution to the shared portion
of the stormwater drainage system of the CITY.
Operating Outlays shall mean expenses budgeted by the CITY and the UTILITY which
are actual expenses incurred in each fiscal year, which due to their nature are considered
reoccurring expenses to sustain yearly stormwater drainage operations.
Capital Outlays shall mean expenses budgeted by the CITY and the UTILITY which are
actual expenses incurred in each fiscal year, which due to their nature are considered non-
reoccurring and producing a long term benefit to the users. The yearly charges allocable to the
CITY or to the UTILITY shall be that amount prorated, plus interest charges and administrative
fees, for no longer than the calculated useful life of the capitalized item in no case exceeding 20
years. A separate Interlocal Agreement is required for any approved Capital Outlays that may be
amortized beyond the life of this Agreement.
Fiscal Year shall mean the period beginning on October 1 and ending on September 30 of
the following year.
Force Majeure shall mean an act of God, epidemic, lightning, earthquake, fire, explosion,
hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection,
riot, general arrest or restraint of government and people, civil disturbance or similar occurrence,
which has had or may reasonably be expected to have a material adverse effect on the rights or
obligations under this Agreement, and which, by the exercise of due diligence, such parties shall
not have been able to avoid. Such acts or events DO NOT INCLUDE inclement weather (except
as noted above) or the acts or omissions of subcontractors, third-party contractors, material men,
suppliers, or their subcontractors, unless such acts or omissions are otherwise encompassed by
the definition set forth above.
Maintenance is defined by, and limited to, the tasks listed in the Attachment "B" or other
related stormwater drainage tasks agreed to by both parties' Project Managers.
4 of 11
other of any change in the Project Manager designation by written notice as specified in this
Agreement.
C. Commencing with fiscal year 2014-2015, 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 ofthe stormwater drainage systems
are included in this Agreement and presented as described in Attachment "B". 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 "B" 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. The CITY may also
request modifications to the tasks or level of services set forth in Attachment "B". Any such
work requested by the CITY shall commence within reasonable time after the request has been
made to the UTILITY. If the tasks and level of service must be adjusted in such a manner that
the annual estimated expenditure will be exceeded in any given year, then written approval by
both parties' 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.
In the event of a dispute on the billed amount, the CITY may notify the UTILITY of the nature
of the dispute and the UTILITY shall make arrangements for the pertinent records to be made
available for inspection by the CITY, as indicated under Article V (H) of this Agreement. Upon
resolution of the dispute, payments by the CITY are to be made within 30 days. In the event of
an overpayment by the CITY, the UTILITY shall reimburse the CITY within 30 days after
verification of the overpayment by the UTILITY.
F. The CITY and the UTILITY shall maintain financial records pertaining to this
Agreement for five (5) years after the expiration of this Agreement, and shall make them
available for inspection and copying at the place where the records are maintained within a
reasonable time after receiving a records request
G. The CITY and the UTILITY shall each be responsible for procuring
independently all necessary permits in the performance of their respective work under this
Agreement.
H. The CITY and the UTILITY shall each comply with all applicable regulations,
ordinances and laws in effect in the performance of this Agreement.
1. If requested, the UTILITY will provide a tentative yearly maintenance schedule at
the beginning of each fiscal year. The UTILITY contact for maintenance activities will be the
Chief of Miami-Dade County Public Works and Waste Management Department's Road,
Bridge, Canal, and Mosquito Control Division.
6 of 11
1. The right to declare that this Agreement together with all rights granted to the
UTILITY are terminated, effective upon such date as is designated by the CITY.
2. Any and all rights and remedies provided under federal laws and the laws of the
State of Florida.
ARTICLE VIII
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. The UTILITY and the CITY agree to submit to service of process and
jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this
Agreement or a breach of this Agreement. Venue for any court action between the parties for
any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial
Circuit in and for Miami-Dade County, Florida, or in the United States District Court for the
Southern District of Florida, in Miami-Dade County, Florida.
ARTICLE IX
ENTIRETY OF AGREEMENT
The parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this Agreement, and
that this Agreement contains the entire agreement between the parties as to all matters contained
herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements, whether oral or written. It is further agreed that
any oral representations or modifications concerning this Agreement shall be of no force or
effect, and that this Agreement may be modified, altered or amended only by a written
amendment duly executed by both parties hereto or their authorized representatives.
ARTICLE X
HEADINGS
Captions and headings in this Agreement are for ease of reference only and do not
constitute a part of this Agreement and shall not affect the meaning or interpretation of any
provisions herein.
ARTICLE XI
RIGHTS OF OTHERS
Nothing in this Agreement expressed or implied is intended to confer upon any person
other than the parties hereto any rights or remedies under or by reasons of this Agreement.
8 of 11
ARTICLE 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.
ARTICLE XVII
INDEMNIFICATION
The CITY shall indemnify and hold harmless the UTILITY and its officers, employees, agents
and instrumentalities from any and all liability, losses or damages, including attorney's fees and
costs of defense, which the UTILITY or its officers, employees, agents or instrumentalities may
incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature
arising out of, relating to or resulting from the performance of this Agreement by the CITY or its
employees, agents, servants, partners, principals or subcontractors. CITY shall pay all claims
and losses in connection therewith and shall investigate and defend all claims, suits or actions of
any kind or nature in the name of the UTILITY, where applicable, including appellate
proceedings, and shall pay all costs, judgements and attorney's fees which may issue thereon.
Provided, however, this indemnification shall only be to the extent and within the limitations of
Section 768.28 Fla. Stat., subject to the provisions of that Statute whereby the CITY shall not be
held liable to pay a personal injury or property damage claim or judgement by anyone person
which exceeds the sum of $200,000, or any claim or judgement or portions thereof, which, when
totaled with all other claims or judgement paid by the CITY arising out of the same incident or
occurrence, exceed the sum of $300,000 from any and all personal injury or property damage
claims, liabilities, losses or causes of action which may arise as a result of the negligence of the
CITY.
The UTILITY does hereby agree to indemnify and hold harmless the CITY to the extent and
within the limitations of Section 768.28 Fla. Stat., subject to the provisions of that Statute
whereby the UTILITY shall not be held liable to pay a personal injury or property damage claim
or judgement by anyone person which exceeds the sum of $200,000, or any claim or judgements
or portions thereof, which, when totaled with all other occurrence, exceeds the sum of $300,000
from any and all personal injury or property damage claims, liabilities, losses and causes of
action which may arise solely as a result of the negligence of the UTILITY. However, nothing
herein shall be deemed to indemnify the CITY from any liability or claim arising out of the
negligent performance or failure of performance of the CITY or any unrelated third party.
10 of 11
IN WITNESS THEREOF, the parties hereto through their duly authorized representatives hereby
execute this Agreement.
Attest:
CITY Clerk Date
CITY OF SOUTH MIAMI, FLORIDA
6130 Sunset Drive
South Miami, FL 33143
Attn: Mr. Steven Alexander, City Manager
(305) 663-6338
Authorized signature on behalf
of the CITY of SOUTH MIAMI, Florida.
By: __________________ __
CITY Manager Date
MIAMI-DADE COUNTY BOARD OF COUNTY
COMMISSIONERS, FLORIDA AS GOVERNING
BODY OF THE MIAMI-DADE COUNTY
STORMWATER UTILITY
By: -------------------
Mayor or Mayor's
Designee
Stephen P. Clark Center
111 N.W. 1 Street
Miami, Florida: 33128
HARVEY RUVIN, CLERK
Attest:
By: ________________ __
Deputy Clerk
11 of 11
Date
Date
ATTACHMENT "A"
A.I -Percent Share Calculation Table
A.2 -Canal Drainage Areas Map
ATTACHMENT "A.1"
CITY OF SOUTH MIAMI
CANAL DRAINAGE AREAS and % SHARE
CANALS DRAINAGE AREA (SO MILES) % SHARE
LUDLAM GLADES CANAL
1. City of South Miami 1.381 57%
2. Miami-Dade County 1.045 43%
BROAD CANAL
Same percent share as above
SR 878
s
DADELAND MALL
LEGEND
CD Ludlam Glades Structure
D Drainage Basin Boundary
~
City of South Miami
Unincorporated Miami-Dade
CITY OF SOUTH MIAMI
CANALS AND DRAINAGE AREAS
~
0>
-J
--I
I
~ m
UNINCORPORATED
MIAMI-DAD
sw 40TH ST
SOUTH
MIAMI
~
~ m
SW 48TH ST
~
(]1
(1)
--I
I
~ m
U \ n I -I SW 64TH ST ~
g 1~
~ m
SW 80TH ST
PINECREST
f:
I >-
$:
OJ :;u >-
(')
;0
N
CORAL
GABLES
(fJ
>-Z
>-$:
>-:;u o
o :;u
NINCORPORATE
MIAMI-DADE
TOTAL DRAINAGE AREA = 2.426 sq miles
o 750 1,500 3,000 4,500 ---6,000
Feet ----
Map: SouthMiami.mdx I File:SouthMiami.pdf
Date:03/19/2009 I By: MP
ATTACHMENT "B"
Five (5) Year Cost Share Table
ATTACHMENT "8"
City of South Miami
Canal Maintenance Estimated Costs (FY 2014/15 to 2018/19)
Selected Level of Service Shown Shaded
Culvert Cleaning -Above Water
Cycles per Year
Canal 1 2 3 4
Ludlam Glades Canal $2,0.0.0. ~4,o.Qo. $6,0.0.0. $8,0.0.0.
SW 58 St Culvert (bet. SW 63 Ave & 63 Ct)* $20.0.
sub-total $2,0.0.0. $4,20.0. $6,0.0.0. $8,0.0.0.
Municipality's
% Share Cost
57% $2,280.
10.0.% $20.0.
$2,480.
City Cost at Current Level of Service (2 cycles) $2,4801
Culvert Cleaning -Below Water
Cycles per Year Municipality's
Canal 1 2 3 4 % Share Cost
Ludlam Glades Canal $5,000 $10.,0.00. $15,0.00 $20,000 57% $2,850
SW 58 St Culvert (bet. SW 63 Ave & 63 Ct)* $170 10.0% $170.
sub-total $5,170 $10.,0.0.0. $15,0.0.0 $20.,000. $3,0.20.
City Cost at Current Level of Service (1 cycle) $3,0201
Chemical/Herbicide Treatment (submerged, emergent, and bank acres treated)
Cycles per Year Municipality's
Canal 1 2 3 4 % Share Cost
Ludlam Glades Canal $10,50.0. $21,0.00 $31,50.0. $42,0.0.0 57% $23,940.
Broad Canal (south of SW 58 St culvert) $2,650. $5,30.0 $7,950. $10,600 57% $6,0.42
sub-total $13,150 $26,300. $39,450. . $52,600. $29,982
City Cost at Current Level of Service (4 cycles) $29,9821
Mechanical Harvesting (submerged emergent and bank acres treated) , ,
Cycles per Year Municipality's
Canal 1 2 3 4 % Share Cost
Ludlam Glades Canal $0. $0. $0. $0. 57% $0.
Broad Canal (south of SW 58 St culvert) $0. $0. $0. $0 57% $0.
sub-total $0. $0. $0 $0. $0.
City Cost at Current Level of Service (no cycles) $01
ATTACHMENT "8"
City of South Miami
Canal Maintenance Estimated Costs (FY 2014/15 to 2018/19)
Mowing -Flat
Cycles per Year
Canal 1 2 3 4
Ludlam Glades Canal $0 $0 $0 $0
sub-total $0 $0 $0 $0
Municipality's
% Share Cost
57% $0
$0
City Cost at Current Level of Service (no cycles) $01
Mowing -Slope
Canal
Ludlam Glades Canal
sub-total
Obstruction Removal (contingency)
Canal
Ludlam Glades Canal
Broad Canal (south of SW 58 St culvert)
sub-total
TOTAL ANNUAL COST
MDC STORMWATER UTILITY ANNUAL COST
MDC STORMWATER UTILITY 5 YEAR COST
CITY OF SOUTH MIAMI ANNUAL COST
CITY OF SOUTH MIAMI 5 YEAR COST
Does not include aesthetic cleaning such as debris or litter removal
'NOTE: Miami-Dade County is not responsible for structural maintenance of culvert
pipe or headwall, IA maintenance is limited to maintaining hydraulic flow through the
culvert,
Cycles per Year Municipality's
1 2 3 4 % Share Cost
$500 $1,000 $1,500 $2,000 57% $1,140
I "
$500 $1,000 $1,500 $2,000 $1,140
City Cost at Current Level of Service (4 cycles) $1,1401
Cycles per Year Municipality's
1 2 3 4 % Share Cost
$2,000 $4,000 $6,000 $8,000 57% $1,140
$2,000 $4,000 $6,000 $8,000 57% $1,140
$4,000 $8,000 $12,000 $16,000 $2,280
City Cost at Current Level of Service (1 cycle) $2,2801
$67,9701
$29,0681 Annual
$145,3401 5 Year
$38,9021 Annual
$194,5101 5 Year
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
M. ZALDIVAR, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING -JUNE 3,2014
in the XXXX Court,
was published in said newspaper in the issues of
OS/23/2014
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida,Jor a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertis t for publication in the said
newspaper.
(SEAL)
M. ZALDIVAR personally known to me
......... , 8. THOMAS /t~' Pul;:", Notary Public, State of florida
l"': ./ ~ My comm Ellpires NOv 2.2017 \~"" :;; Commi~sion II fF 034741
" v (t'.' '·sn "';" 0" ,,,,, •• , Bo""ed Tllro ...... NatiOnal Notary.... . "'"t" lH.l VVU