12Agenda Item No:12.
City Commission Agenda Item Report
Meeting Date: June 5, 2018
Submitted by: Shari Kamali
Submitting Department: City Manager
Item Type: Resolution
Agenda Section: RESOLUTION(S) PUBLIC HEARING(S)
Subject:
A Resolution authorizing the City Manager to enter into a multi-year Interlocal Agreement with Miami Dade
County for canal maintenance for the Ludlam Glades and Broad Canals for an amount not to exceed $220,290
annually.
3/5
(City Manager)
Suggested Action:
Attachments:
Memo_interlocal_MDC_canalF sa.docx
Reso_CanalMaintenance_Interlocal_with_MDC_2018CArev3.docx
IA South Miami (FY 18-20) IA 5-15-18.doc
Attachment A - % Share 2-27-18.xls
Attachment B - Cost Share 5-15-18.xls
Stormwater Fund FY18.xlsx
Miami Herald Advertisement.pdf
MDBR Advertisement - Ludlam Glades & Broad Canals.pdf
202
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor &Members of the City Commission
FROM:Steven Alexander, City Manager
DATE:May15,2018 Agenda Item No.:_____
SUBJECT:A Resolution authorizing the City Manager to enter into a Interlocal Agreement with Miami
Dade County for canal maintenance for the Ludlam Glades and Broad Canals for an amount
not to exceed $ 220,290 annually,beginning March 1, 2018 and ending September30, 2020,
to be funded from Stormwater Trust Fund.
BACKGROUND:In an effort to continue the routine maintenance partnership, Miami Dade County has
submitted the attached agreement to maintaining the City’s Ludlam Glades and Broad
Canals Systems. With this agreement, Miami Dade County will provide mechanical culvert
maintenance, mowing of the slope and obstruction removal services including mechanical
harvesting asneeded,commencing on March1, 2018 and ending September 30, 2020. By
written mutual agreement of the City and County, the Agreement may get extended for
additional two (2) years, from October 1, 2020 to September 30, 2022.
THIS ROUTINE MAINTENANCE WILL:
PROTECT AND PROMOTE THE PUBLIC HEALTH,SAFETY AND GENERAL WELFARE THROUGH THE
MANAGEMENT OF STORMWATER RUN-OFF
MAINTAIN AND IMPROVEWATER QUALITY AND PRESERVE AND ENHANCE THE ENVIRONMENTAL
QUALITY OF RECEIVINGWATER
CONTROL FLOODING AND RESULTS FROM RAINFALL EVENTS
DETER UNMANAGED RAINWATER FROM ERODING SANDY SOILS AND CAUSING SEDIMENTATION
HELP PRESERVE THE HABITAT OF AQUATIC PLANTS AND ANIMALS
PROMOTE INTERGOVERNMENTAL COOPERATION INEFFECTIVELY AND EFFICIENTLY MANAGING
STORMWATER RUN-OFF.
The annual cost is estimated at $141.790. As requested by the City, the County will perform
Mechanical Harvesting to control the growth of aquatic plants in favor of the traditional
practice of using Herbicide Treatments. However, if it is not feasible to perform Mechanical
Harvesting due to limited access to body of water or if this method proves ineffective in
controlling aquatic plants growth, the County will use Herbicide Treatment to ensure the
necessary flow in the water body. The projected cost to the City of managing this expanded
coverage area with Herbicide Treatmentis projected to be approximately $140,000.
The cost is the maximum estimated annual cost, and the County only invoices actual work
performed.
AMOUNT: Amount not to exceed $220,290 annually, $128,502 for 2017/2018.
Account:The expenditure shall be charged to Stormwater Trust Fund account number;
111-1730-541-3450 which has a balance of $63,113 before this request was made.
111-1730-541-6490 which has a balance of $156,350 before this request was made.
ATTACHMENTS:Resolution
Agreement
203
RESOLUTION NO. ___________________1
2
A Resolution authorizing the City Manager to enter into amulti-yearInterlocal Agreement with Miami 3
Dade County for canal maintenance for the Ludlam Glades and Broad Canals for an amount not to 4
exceed $220,290 annually. 5
6
WHEREAS, the Mayor and City Commission wishto provide canal maintenance along the Miami 7
Dade County canal (Ludlum Glades and Broad Canals); and 8
WHEREAS, an Interlocal Agreement has been created between Miami Dade County and the City 9
of South Miami for the purpose of sharing the cost for the maintenance;and 10
WHEREAS,Miami Dade County shall provide canal maintenance services as set forth in the 11
Interlocal Agreement for the Ludlam Glades, from SW 52nd Street to SW 80th Street, and Broad Canal the 12
South side of SW 58th Street culvert to SW 62th Street; and13
WHEREAS, the total annual expenditure, including the mechanical harvesting amount, shall not 14
exceed $220,290; and 15
WHEREAS, the Mayor and City Commission desire to authorize the City Manager to enter into a 16
Agreement with Miami Dade County for routine canal maintenance for the Ludlam Glades and Broad Canals17
and to provide a funding source. 18
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 19
THE CITY OF SOUTH MIAMI, FLORIDATHAT;20
Section 1.The City Manager is authorized to enter into a multi-year Interlocal Agreement with 21
Miami Dade County for routine canal maintenance for the Ludlam Glades and Broad Canals for the amount 22
not to exceed $220,290 annuallyand for a term not to exceed five years. A copy of the agreement is attached. 23
Section 2.The expenditurefor the current year is approximately $128, 502 and itshall be charged 24
to the Stormwater Trust Fund account number 111-1730-541-6490 which has a balance of $156,350before 25
this request was made. 26
Section 3. In any section clause, sentence, or phrase of this resolution is for any reason held invalid 27
or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the 28
remaining portions of this resolution. 29
Section 4. This resolution shall take effect immediately upon adoption.30
31
204
PASSED AND ADOPTED this ___ day of _________, 2018.1
2
ATTEST:APPROVED:3
4
_________________________ _________________________5
CITY CLERK MAYOR6
7
READ AND APPROVED AS TO COMMISSIONVOTE:8
FORM, LANGUAGE, LEGALITY Mayor Stoddard:9
AND EXECUTION THEREOF: Vice Mayor Harris: 10
Commissioner Welsh:11
____________________________Commissioner Liebman: 12
CITY ATTORNEY Commissioner Gil: 13
14
15
16
205
STORMWATER MANAGEMENT
INTERLOCAL AGREEMENT
between
THE CITYOF SOUTH MIAMI
AND
THE MIAMI-DADE COUNTY STORMWATER UTILITY
MIAMI-DADE COUNTY
STORMWATER UTILITY (305) 372-6688
701 NORTHWEST FIRST COURT, SUITE 500
MIAMI, FL 33136
MIAMI-DADE COUNTY, FLORIDA
206
2of 11
STORMWATER MANAGEMENT
INTERLOCAL AGREEMENT
BETWEEN
THE CITYOF SOUTH MIAMI(CITY)
AND
THE MIAMI-DADE COUNTY STORMWATER UTILITY (UTILITY)
THIS 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 Cityof South Miami,a Florida Municipal
Corporation, through its governing body, the South MiamiCityCommissionof the Cityof 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 mayoperate 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 CITYand the UTILITY; and
WHEREAS, the UTILITY and the CITYrecognize that there are operating costs, as well
as benefits, associated with maintaining shared stormwater drainage systems; and
WHEREAS, the UTILITY and the CITYwant 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:
207
3of 11
ARTICLE I
PURPOSES
The UTILITY and the CITYenter 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 ofthe receiving waters;
(3) to control flooding that results from rainfall events;
(4) to deter unmanaged rainwater from eroding sandy soils and causing
sedimentation;
(5) to help preservethe habitat of aquatic plants and animals;
(6)to promote intergovernmental cooperation in effectively and efficiently managing
stormwater run-off;
(7)to maintain and repair shared stormwater systems located within the limits of the
drainage service areas in accordance with the approved plans. These include maintaining canals,
and any required maintenance of flow control structures and stormwater pump stations and their
mechanical and electrical components; maintaining stormwater systems as determined by
conditions of the system, prevailing environmental conditions, and the level of service
established.
(8) to provide a mechanism for the UTILITY and the CITYto share and allocate the
cost of maintaining and repairing shared stormwater drainage systems as stated in (7), above.
ARTICLE II
DEFINITIONS
Agreementshall mean this document, including any written amendments, attachments,
and other written documents, which are expressly incorporated by reference.
Stormwater Management Plansshall mean stormwater management plans developed by
both the CITYand by the UTILITY, to meet the required level of service as established in their
respective stormwater management programs or master plan pursuant to FloridaStatute
403.0891.
CITYStormwater Utility Budgetshall 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.
208
4of 11
Utility Stormwater Budgetshall 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 Systemshall mean that portion of the drainage system
owned by either the CITYor the UTILITY to which both the CITYand the UTILITY contribute
stormwater runoff and which is further identified in Attachment “A”.
Costs allocable to the CITYshall mean those portions of the actual maintenance and
operating outlays budgeted by the UTILITY in its yearly budget process, which are allocated to
the CITYbased on the CITY’s relative stormwater runoff contribution to the shared portion of
the stormwater drainage system of the UTILITY.
Costs allocable to the Utilityshall mean those portions of the actual maintenance and
operating outlays budgeted by the CITYin 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 Outlaysshall mean expenses budgeted by the CITYand 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 Outlaysshall mean expenses budgeted by the CITYand 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
CITYor 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 maybe
amortized beyond the life of this Agreement.
Fiscal Yearshall mean the period beginning on October 1 and ending on September 30 of
the following year.
Force Majeureshall 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 materialadverse 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.
Maintenanceis defined by, and limited to, the tasks listed in the Attachment “B” or other
related stormwater drainage tasks agreed to by both parties’ Project Managers.
Project Managershall mean the persons designated by the CITYand 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.209
5of 11
Written noticeshall mean written communication betweenthe Project Managers.
ARTICLE III
STATEMENT OF WORK
The CITYAND the UTILITYshall fully and timely perform all work tasks described in
this Statement of Work:
The CITYshall 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 CITYshall be responsible for maintaining aesthetic conditions only on
canalsand other water bodies within the CITY’s boundarybyproviding for litter and minor
debris removal as needed, andat no cost to the County.
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
This Agreement shall commenceon March1, 2018and end on September 30, 2020,
providedhowever, 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.
Upon mutual written consent of theparties, this Agreement may be extended for a term
of two (2) additional years, from October 1, 2020to September 30, 2022.
ARTICLE V
CITYAND UTILITY RESPONSIBILITIES
A.Upon the request of either the CITYor 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 CITYand the UTILITY shall provide notice to each other, as provided, in
this Agreement designatingtheir respective Project Manager. Each shall promptly notify each
other of any change in the Project Manager designation by written notice as specified in this
Agreement.
210
6of 11
C.Commencing with Fiscal Year 2018, and after approval of the Agreement, the
costs allocable to the CITYand 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”. Estimatedtotal
expenditures for theterm of this Agreement arealso included and shall not be exceeded.
D.The tasks and levels of service set forth in Attachment “B” may be adjustedby
the UTILITYwith prior notice to the CITYdue to prevailing environmental conditions,
maintenance needs, or ownership, provided that the total annual estimated expenditures are not
exceeded. The CITYmay also requestmodificationstothe tasksor level of services set forth in
Attachment“B”.Any such work requestedby the CITYshall 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 exceededin any given
year, then prior written approvalby both parties’ Project Managers must be obtained. However,
the total five-year cost of the Agreement shall not be exceeded.
E.Payments by the CITYare to be made within 30 days after the bill presentation.
In the event of a dispute on the billedamount, the CITYmay 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 CITYare to be made within 30 days. In the event of
an overpayment by the CITY, the UTILITY shall reimburse the CITYwithin 30 days after
verification of the overpayment by the UTILITY.
F.The CITYand 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 maintainedwithin a
reasonable time after receiving a records request.
G.The CITYand the UTILITY shall each be responsible for procuring
independently all necessary permits in the performance of their respective work under this
Agreement.
H.The CITYand the UTILITY shall each comply with all applicable regulations,
ordinances and laws in effect in the performance of this Agreement.
I.If requested, theUTILITY will provide a tentative yearly maintenance schedule at
the beginning of each fiscal year.As an update to the yearly maintenance schedule, the UTILITY
willcoordinate (via e-mail or telephone)withthe CITYwithin 48 hours prior to commencing
workin the CITY. The UTILITY contact formaintenance activities will be the Chief of Miami-
Dade County Department of Transportation and Public Works Road, Bridge,andCanal
MaintenanceDivision.
211
7of 11
ARTICLE VI
NO THIRD PARTY BENEFICIARIESOR OTHER PARTIES TO THE AGREEMENT
A.It is the intent and understanding of the parties that this Agreement is solely for
the CITYand the UTILITY. No person or entity other than the CITYor the
UTILITY shall have any rights or privileges under this Agreement in any capacity
whatsoever, either as a third-party beneficiary or otherwise.
B.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 VII
DEFAULT
CITYEvent of Default
Without limitation, the failure by the CITYto substantially fulfill any of its material
obligations in accordance with this Agreement, unless such failures are justified by Force
Majeure, shall constitute a "CITYevent 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 CITYevent of default has occurred, the UTILITY
shallprovide written notice of such default to the CITYandallow the CITYa thirty (30)
calendar day period to rectify the “CITYevent of default”.
In the event that the UTILITY determines that the CITYevent 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
CITYare 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 CITYshall not be required to
provide one year prior notice as required under Article IV before terminatingthis Agreementfor
default. If the CITYdetermines that a UTILITY event of defaulthasoccurred, the CITYshall
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”.
212
8of 11
In the event that the CITYdetermines that the UTILITY event of default has not been rectified,
the CITYshall have the right to terminate the Agreement with the following cumulative and
independent rights and remedies:
1.The right to declare that this Agreement together with all rights granted to the
UTILITY are terminated, effective upon such date as is designated by the CITY.
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 theCITYagree 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
(intentionally left blank)
213
9of 11
ARTICLE XII
REPRESENTATION OF CITY
The CITYrepresents that this Agreement has been duly authorized, executed and
delivered by the CityCommissionof the Cityof South Miami, as the governing body of the
CITYand it has the required power and authority to perform this Agreement and has granted the
CITYManageror the CITYManager'sDesignee 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 Mayoror 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
Whereverpossible, each provision of thisAgreement 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 CITYshall perform all work and services describedhereinas an independent
contractor and not as an officer, agent, servant, or employee of the UTILITY. CITYshall have
control of the work performed in accordance with the terms of this Agreement and of all persons
214
10of 11
performing the same, and CITYshall 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 CITYshall 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 CITYor its
employees, agents, servants, partners, principals or subcontractors. CITYshall 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 theUTILITY, 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 CITYshall not be
held liable to pay a personal injury or property damage claim or judgement by any one person
which exceeds the sum of $200,000, or any claim or judgement or portions thereof, which, when
totaled with all other claims or judgement paid by the CITYarising 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 CITYto 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 $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 theUTILITY. However, nothing
herein shall be deemed to indemnify the CITYfrom any liability or claim arising out of the
negligent performance or failure of performance of the CITYor any unrelated third party.
215
11of 11
IN WITNESS THEREOF, the partiesheretothrough their duly authorized representatives hereby
execute this Agreement.
Attest:CITYOF SOUTH MIAMI, FLORIDA
6130 Sunset Drive
South Miami, FL 33143
Attn: Mr. Steven Alexander, CityManager
(305) 663-6338
___________________ _________Authorized signature on behalf
CityClerk Date of the Cityof South Miami, Florida.
By: ____________________________________
CityManager Date
MIAMI-DADE COUNTYBOARD OF COUNTY
COMMISSIONERS, FLORIDAAS GOVERNING
BODY OF THE MIAMI-DADE COUNTY
STORMWATER UTILITY
By: ___________________________________
Mayoror Mayor's Date
Designee
.
Stephen P. Clark Center
111 N.W. 1Street
Miami, Florida 33128
HARVEY RUVIN, CLERK
Attest:
By: _______________________ ____________
Deputy Clerk Date
216
ATTACHMENT "A.1"
CITY OF SOUTH MIAMI
CANAL DRAINAGE AREAS and % SHARE
Attachment A
DRAINAGE AREA (SQ MILES)% SHARE
1.381 57%
1.045 43%
N/A 100%
N/A 100%
Same percent share as above
BROAD CANAL (N of SW 58 St culvert):
FLOOD CONTROL STRUCTURES
CANALS AND
BROAD CANAL (S of SW 58 St culvert):
Fully enclosed by City
Fully enclosed by City
LUDLAM GLADES CANAL:
1. City of South Miami
2. Miami-Dade County
LUDLAM GLADES STRUCTURE:
217
ATTACHMENT "B"
Canal Maintenance Estimated Costs
City of South Miami
FY 2018 to 2020
Culvert Cleaning - Above Water
1 2 3 4 % Share Cost
Ludlam Glades Canal $2,000 $4,000 $6,000 $8,000 57%$2,280
Broad Canal (SW 58 St culvert)$150 $300 $450 $600 100%$300
Broad Canal (SW 62 Av culvert)$250 $500 $750 $1,000 100%$500
sub-total $2,400 $4,800 $7,200 $9,600 $3,080
$3,080
Line Item 1
Culvert Cleaning - Below Water
1 2 3 4 % Share Cost
Ludlam Glades Canal $5,000 $10,000 $15,000 $20,000 57%$5,700
Broad Canal (SW 58 St culvert)$500 $1,000 $1,500 $2,000 100%$1,000
Broad Canal (SW 62 Av culvert)$500 $1,000 $1,500 $2,000 100%$1,000
sub-total $6,000 $12,000 $18,000 $24,000 $7,700
$7,700
Line Item 2
Herbicide Treatment (Not scheduled: performed if needed)
1 2 3 4 % Share Cost
Ludlam Glades Canal $10,500 $21,000 $31,500 $42,000 57%$23,940
Broad Canal (S of SW 58 St culvert)$3,000 $6,000 $9,000 $12,000 100%$12,000
Broad Canal (N of SW 58 St culvert)$2,500 $5,000 $7,500 $10,000 100%$10,000
sub-total $16,000 $32,000 $48,000 $64,000 $45,940
$45,940
Line Item 3
Mechanical Harvesting
1 2 3 4 % Share Cost
Ludlam Glades Canal $44,000 $88,000 $132,000 $176,000 57%$100,320
Broad Canal (S of SW 58 St culvert)$7,000 $14,000 $21,000 $28,000 100%$28,000
Broad Canal (N of SW 58 St culvert)$6,500 $13,000 $19,500 $26,000 100%$26,000
sub-total $57,500 $115,000 $172,500 $230,000 $128,320
$128,320
Line Item 4
Municipality's
City's Annual Cost at Current Level of Service (4 cycles)
Cycles per Year Municipality's
City's Annual Cost at Current Level of Service (4 cycles)
Municipality's
City's Annual Cost at Current Level of Service (2 cycles)
Cycles per Year Municipality's
City's Annual Cost at Current Level of Service (2 cycles)
Canal
Selected Level of Service Shown Shaded
Cycles per Year
Canal
Canal
Canal
Cycles per Year
218
ATTACHMENT "B"
Canal Maintenance Estimated Costs
City of South Miami
FY 2018 to 2020
Mowing - Flat
1 2 3 4 % Share Cost
Ludlam Glades Canal 57%
Broad Canal (S of SW 58 St culvert)100%
Broad Canal (N of SW 58 St culvert)100%
sub-total
$0
Line Item 5
Mowing - Slope
1 2 3 4 % Share Cost
Ludlam Glades Canal $500 $1,000 $1,500 $2,000 57%$1,140
Broad Canal (S of SW 58 St culvert)$0 $0 $0 $0 100%$0
Broad Canal (N of SW 58 St culvert)$0 $0 $0 $0 100%$0
sub-total $500 $1,000 $1,500 $2,000 $1,140
$1,140
Line Item 6
Obstruction Removal (Not scheduled: performed if needed)
Canal 1 % Share Cost
Ludlam Glades Canal $2,000 57%$1,140
Broad Canal (S of SW 58 St culvert)$2,000 100%$2,000
Broad Canal (N of SW 58 St culvert)$2,000 100%$2,000
sub-total $6,000 $5,140
$5,140
Line Item 7
Emergency Repair / Preventative Mitigation (Not scheduled: performed if needed)
1 % Share Cost
Ludlam Glades Canal $13,000 57%$7,410
Broad Canal (S of SW 58 St culvert)$5,000 100%$5,000
Broad Canal (N of SW 58 St culvert)$5,000 100%$5,000
sub-total $23,000 $17,410
$17,410
Line Item 8
City's Annual Cost at Current Level of Service (0 cycles)
Cycles per Year Municipality's
Per occurrence Municipality's
City's Annual Cost at Current Level of Service (4 cycles)
Per occurrence Municipality's
City's Annual Cost at Current Level of Service (1 event)
Cycles per Year Municipality's
Canal
City's Annual Cost at Current Level of Service (1 event)
Canal
Canal
219
ATTACHMENT "B"
Canal Maintenance Estimated Costs
City of South Miami
FY 2018 to 2020
Flood Control Structure Maintenance
1 12 26 52 % Share Cost
Ludlam Glades Structure $390 $4,680 $10,140 $20,280 57%$11,560
sub-total $390 $4,680 $10,140 $20,280 $11,560
$11,560
Line Item 9
COMBINED TOTAL ANNUAL COST $362,080
MDC STORMWATER UTILITY ANNUAL COST SHARE $141,790
MDC STORMWATER UTILITY 3-YEAR COST SHARE (FY 2018 to 2020)425,371
MDC STORMWATER UTILITY 2-YEAR COST SHARE (FY 2021 to 2022): option to renew 283,581
MDC STORMWATER UTILITY TOTAL 5-YEAR COST $708,952
CITY OF SOUTH MIAMI MAXIMUM ANNUAL COST $220,290
Line Items 1 through 9
CITY OF SOUTH MIAMI MAXIMUM 3-YEAR COST (FY 2018 to FY 2020)$660,869
CITY OF SOUTH MIAMI MAXIMUM 2-YEAR COST (FY 2021 to FY 2022): option to renew $440,579
CITY OF SOUTH MIAMI MAXIMUM 5 YEAR COST $1,101,448
NOTES:
(1)
(2)Canal maintenance does not include aesthetic cleaning such as debris or litter removal.
(3)
(4)
(5)
(6)
(7)
Structure Name Municipality's
The City agrees to pay its cost share of post Hurricane Irma canal cleanup through this Agreement.
Emergency Repair/Preventatative Mitigation requires City's approval of cost-share estimate prior to performing any such
work (e.g. canal bank stabilization, headwall repair, post-storm cleanup)in order to invoice the City.
In-water Herbicide Treatment to be performed only as an alternative to Mechanical Harvesting, to ensure flow, and at the
discretion of the County.
Out-of-water Herbicide Treatment will be performed within the limits of the City, only at the City's request. If not requested,
the City will be responsible to maintain vegetation on the banks of the canals within the boundaries of the City, and at no cost
to the County.
City's Annual Cost at Current Level of Service (52 cycles)
SUMMARY OF COSTS
(numbers may appear off due to rounding)
Costs are estimated costs based on the proposed Level of Service.
Obstruction Removal will be performed at the County's discretion, and may include tasks such as Dead Animal Removal, Cut
Vegetation, and Debris Removal by Hand.
Cycles per Year
220
ACCT DESCRIPTION:
ACCOUNT NUMBER:
DESCRIPTION ADOPTED
FY 2016-2017
DEPT. REQUEST
FY2017-2018
Maintenance Interlocal Agreement with Miami-Dade County.
Canal Maintenance City Share 57%38,910 38,910
DERM Annual Operating Permit Renewal Fee 900 900
FDEP Annual Regulatory Program & Surveillance Fee 2012 345 345
NPDES Interlocal Agreement payment permit 2,000 2,500
Citywide Drainage Improvement for EPA NPDES MS4 permit 8,000 8,000
Citywide Stormdrain Cleanout 20,000 20,000
Cost of Stormwater Non-Residential Fee for the Non-ad valorem
Billing 0 50,000
Sea Level Rising Study
TOTAL 70,155 120,655
BUDGET WORKSHEET
STORMWATER
111-1730-541
CONTRACTUAL SERVICES
3450
221
SUNDAY MAY272018 NEIGHBORS 21SE
MIAMIHERALD.COM
CITYOFSOUTH MIAMI
COURTESY NOTICE
NOTICEISHEREBY given that the City Commission of the
City of South Miami,Florida will conduct Public Hearing(s)at its
regular City Commissionmeeting scheduled for Tuesday,June 5,
2018,beginning at 7:00 p.m.,in the City Commission Chambers,
6130 Sunset Drive,to consider the following item(s):
AResolution authorizing the City Manager to enter into a
multi-year Interlocal Agreement with Miami Dade Countyfor
canal maintenance for the Ludlam Glades and Broad Canals
for an amount not to exceed $220,290 annually.
AResolutionauthorizing the City Manager to enter into a
multi-yearcontract for citywide SIP phone servicewith
Windstream for atotaltermnot to exceedthree(3)consecutive
years.
AResolution of the City of South Miami,Florida,amending
Resolution No.094-18-15127,and placing aquestion on
the August 28,2018,primary election ballot seeking voter
approval of an amendment to the City’s Charter,ArticleII,
Section 6D,reducing voting requirements needed to amend
land use and development regulations in certain commercial,
industrial,and mixed-use areas near the South Miami
Metrorail Station.
AResolution authorizing the City Manager to enter into
multi-year contracts for emergency debris removal and
disposal services for total term not to exceed five (5)
consecutive years.
ALL interested parties are invited to attend and will be heard.
For further information,please contactthe City Clerk’s Office at:
305-663-6340.
Maria M.Menendez,CMC
City Clerk
Pursuant to Florida Statutes 286.0105,the City hereby advises the
public that if aperson decides to appeal any decision madebythis
Board,Agency or Commission with respect to any matter considered at
its meeting or hearing,he or she will need arecord of theproceedings,
and that for such purpose,affected personmay need to ensure that a
verbatim record of the proceedingsismade which record includes the
testimony and evidence upon which the appeal is to be based.
Free.786-650-2073or
www.seminoletheatre.org.
ReggaeFestival:Family-
friendly reggae and soca
festival includes perform-
ances by Kingston dance-
hall superstars Mavado,
Aidonia and Konshens,
plus Ghost,Ding Dong,
Masicka,Capleton and
others;
2p.m.,Bayfront Park
Amphitheatrer,301 Bis-
cayne Blvd.,Miami.$45-
$135;kids under 12 free
with adult.www.bestofthe
bestconcert.com.
Monday,May28
Sgt.LaDavid T.Johnson
Memorial DayBreakfast:
The city of Miami Gar-
dens is hosting afree
breakfast from 9-11 a.m.
at the Betty T.Ferguson
Recreational Complex,
3000 NW 199th St.,to
honor those who have
died in service to the
nation.The breakfast is
named for Johnson,the
soldier from Miami Gar-
dens who died in Niger in
an ambush last October.
RSVP required.Go to
memorialdayinthegardens
2018.eventbrite.com or
call 305-914-9070.
Miami Shores Memorial
Dayceremony:Michael
Shepherd,aWest Point
grad who served as a
cavalry squadron platoon
leader in Afghanistan,will
speak at the Miami Shores
Memorial Day ceremony
at 9a.m.Shepherd,an
Eagle Scout who grew up
in the village,will pay
tribute to LaDavid John-
son,the Army sergeant
from Miami Gardens
killed in an ambush in
Niger.The ceremony is at
Memorial Park,Northeast
94th Street and Second
Avenue.Free.
Coral Gables Memorial
Dayceremony:9a.m.,
War Memorial Youth
Center,405University
Dr.,Coral Gables.Free.
305-460-5600.
Historic Miami Cemetery
Memorial Daytour:Pay
tribute to the dozens of
hometown soldiers who
were killed in action and
one merchant marine who
died when his ship,“The
James Sprunt,”was sunk
off the coast of Cuba in
1943.Two tours are pro-
vided;9-11:30 a.m.,City
of Miami Cemetery,1800
NE Second Ave.,Miami.
Free.786-999-2658.
RememberingOur He-
roes:The Greater Miami
Chamber of Commerce’s
Military Affairs Commit-
tee commemorates the
U.S.entrance into World
War I.Events include a
wreath-laying ceremony,
acolor guard parade and
special remarks by Maj.
Gen.David G.Bellon,
commander of the U.S
Marine Corps Forces,
South.10 a.m.Monday;
Woodlawn Park Ceme-
tery,3260 SW Eighth St.,
Miami.Free.
Surfside Memorial Day
ceremony:Event includes
presentation of colors,
Scout troops and special
guests.Light refreshments
provided;10 a.m.,Veter-
ans Park,8791 Collins
Ave.,Surfside.Free.For
more information,call
305-866-3635 or visit
www.townof
surfsidefl.gov.
Davie Memorial Day
parade and ceremony:
Parade begins at 10:30
a.m.and steps off at the
Davie Fire administration
building,6905 Orange
Dr.,and ends at the Ber-
geron Rodeo Grounds,
4271 Davie Rd.The cere-
mony after the parade
begins at 11 a.m.in the
Rodeo Arena.Free.954-
778-0599 or
https://smcc.us/
City of Hialeah Memorial
DayCeremony:10 a.m.,
Triangle Park at Palm
Avenue and Okeechobee
Road.Free.305 -883-
5820.
Miami Beach Police De-
partment’sMemorial
Dayceremony:3:15 p.m.,
MBPD Headquarters,
1100 Washington Ave.,
Miami Beach.Free.305 -
673-7901.
PembrokePines Memo-
rial Dayceremony:In-
cludes apresentation of
colors,guest speakers and
awreath-placing;9a.m.,
Fletcher Park,7900 John-
son St.,Pembroke Pines.
Free.954-392-2116 or
http://www.ppines.com/
325/Special-Events.
SunriseMemorial Day
service:The ceremony
includes awreath-placing,
speakers,music,light
refreshments and the
presentation of colors;9
a.m.,Sunrise Civic Center
Amphitheater,10610
West Oakland Park Blvd.,
Sunrise.Free.954-74 6-
3670orhttps://bit.ly/
2IHMz2S.
Plantation Memorial Day
ceremony:9:30 a.m.,
Plantation Veterans Me-
morial Park,17 76 Lauder-
dale West Dr.,Plantation.
Free.https://www.face
book.com/events/
18552 7385421965/.
PA MM Memorial Day
BBQ:Held on the water-
front terrace.Catch alive
performance by garage
rock band SunGhosts,plus
food and refreshments for
sale,art-making with
PAMM teaching artists,
and aspecial appearance
by Coast Guard Air Sta-
tion Miami;1p.m.,Pérez
Art Museum,1103 Bis-
cayne Blvd.,Miami.$16.
http://pamm.org/
memorialday18?mc_cid
=9ab8631584 &mc_eid=
8ddf2a46dd.
FROM PAGE 14 SE
HOLIDAY
222
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
KESHA BASSUE,whoon oath says that heor she isthe
LEGALCLERK,Legal Notices oftheMiamiDaily Business
Review f/k/a Miami Review,adaily (except Saturday,
Sunday and Legal Holidays)newspaper,published atMiami
in Miami-Dade County,Florida;that the attached copyof
advertisement,being aLegal Advertisement ofNoticein the
matter of
NOTICE OF PUBLIC HEARINGS -CITY OF SOUTH MIAMI -
JUNE 5,2018
CITY OF SOUTH MIAMI
~~"HPIBK^F PUBLIC HEAMNC*^
NOTICE IS HEREBY given thatthe City Commission ofthe City <tf South
Miami,Florida will conduct Public Hearing(s)atits regular City Commission
meeting scheduled for Tuesday,June 5,2018,beginning at 7:00 p.m.,
intheCityCommission Chambers,6130 Sunset Drive,to consider the
followingitem(s)J
A Resolutions authorizing the City Manager toenter into a multi-year
Interlocal Agreement with Miami Dade County for canal maintenance
forthe Ludlam GladesandBroadCanalsforanamountnottoexceed
$220,290 annually.
Ali interested parties areinvited to attend and will be heard.
Forfurther information,please contacttheCityClerk's Office at:
305-663-6340.
Maria M.Menendez,CMC
CityClerk
Pursuant to Rorida Statutes 286.0105,the City hereby advises the public
that ifa person decides to appeal any decision made by this Board,Agency
or Commission with respectto any matterconsidered at Its meeting or
hearing,heorshe will need a record ofthe proceedings,and that for such
purpose,affected person may need to ensure that a verbatim record of the
proceedings is made which record includes the testimony and evidence
uponwhichtheappealistobebased.
5/18 __18f-W0000^9754M
in the XXXX Court,
was published in said newspaper in the issues of
05/18/2018
Affiant further says that the said MiamiDaily Business
Review isa newspaper published at Miami,in said Miami-Dad
e 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 officeinMiamiin said Miami-Dade County,
Florida,fora 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 advertisement for
publication in the said newspaper.
Swornto apd subscribed before methis
18 dayo^MAY,
(SEAL)
KESHA BASSUE personally known tome
^SSjfv BARBARATHOMAS
a'tl\Commission #GG 121171
T-~_*Jff Expires November 2,2021
'^oVfCo^Bended Thru Troy Fain Insurance 800-385-7019
223