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Res No 106-22-15859Agenda Item No:11. City Commission Agenda Item Report Meeting Date: August 16, 2022 Submitted by: Aurelio Carmenates Submitting Department: Public Works & Engineering Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to execute a replacement multi-year Intergovernmental Agreement with Miami-Dade County for canal maintenance for the Ludlam Glades and Broad Canals. 3/5 (City Manager-Public Works & Engineering Dept.) Suggested Action: Attachments: Memo for Interlocal Agreement MDC Canal Maint 8-3-22.docx Reso_for_Interlocal_Agreement_MDC_Canal_Maint_8-3-22_rev_1CArev.docx Res No 121-18-15154.pdf South Miami 5-Year Full IA FY23-27.pdf MDBR Ad.pdf MH Ad.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor & Members of the City Commission FROM:Shari Kamali, City Manager DATE:August 16, 2022 SUBJECT:A Resolution authorizing the City Manager to execute a replacement multi-year Intergovernmental Agreement with Miami-Dade County for canal maintenance for the Ludlam Glades and Broad Canals. BACKGROUND:The Mayor and City Commission desire to execute a replacement multi-year Stormwater Management Interlocal Agreement between the City of South Miami (City) and Miami-Dade County executed on November 18, 2018, pursuant to Resolution No. 121-18-15154, whereas upon execution of this agreement, the City and Miami-Dade County agree that once this Agreement is executed it shall supersede and replace the Interlocal Agreement of November 18, 2018 and the two-year extension terminating on September 30,2020 between the parties. The term of this Agreement shall be for a period of five (5) years commencing on October 1,2022 and ending on September 30, 2027, 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. In an effort to continue the routine maintenance partnership, the 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 culvert cleaning, herbicide treatment as needed, mechanical harvesting, and slope mowing at Ludlam Glades canal, and obstruction removal as needed. This Routine maintenance will 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 the receiving waters, control flooding that results from rainfall events, deter unmanaged rainwater from eroding sandy soils and causing sedimentation, help preserve the habitat of aquatic plants and animals, and promote intergovernmental cooperation in effectively and efficiently managing stormwater run-off. AMOUNT:Amount not to exceed the estimated maximum five (5) year cost of $476,499 or $95,300 per year based on the provided Level of Service. FUND &ACCOUNT:The expenditure shall be charged annually $95,300 to the to the Stormwater Drain Trust Fund Account number 111-1730-541-3450 that has a balance of $65,130.85 before this request was made. ATTACHMENTS: Resolution Resolution No. 121-18-15154 ReplacementStormwater Management Interlocal Agreement FY23-27 2 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 STORMWATER MANAGEMENT INTERLOCAL AGREEMENT between THE CITY OF 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 30 2 of 11 STORMWATER MANAGEMENT INTERLOCAL AGREEMENT BETWEEN THE CITY OF 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 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: 31 3 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 causing sedimentation; (5) to help preserve 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, and any required maintenance of flow control structures and stormwater pump stations and their mechanical and electrical components; maintaining stormwater systems as determined by conditions of the system, prevailing environmental conditions, and the level of service established. (8) to provide a mechanism for the UTILITY and the CITY to share and allocate the cost of maintaining and repairing shared stormwater drainage systems as stated in (7), above. ARTICLE II DEFINITIONS Agreement shall mean this document, including any written amendments, attachments, and other written documents, which are expressly incorporated by reference. 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. 32 4 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. 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. 33 5 of 11 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, and at 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 The term of this Agreement shall be for a period of five (5) years commencing on October 1, 2022 and ending on September 30, 2027, 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 other of any change in the Project Manager designation by written notice as specified in this Agreement. C. Commencing with Fiscal Year 2022-2023, and after approval of the Agreement, the costs allocable to the CITY and the costs allocable to the UTILITY based on the relative 34 6 of 11 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 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 with prior notice to the CITY 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 prior 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. I. If requested, the UTILITY will provide a tentative yearly maintenance schedule at the beginning of each fiscal year. As an update to the yearly maintenance schedule, the UTILITY will coordinate (via e-mail or telephone) with the CITY within 48 hours prior to commencing work in the CITY. The UTILITY contact for maintenance activities will be the Chief of Miami- Dade County Department of Transportation and Public Works Road, Bridge, and Canal Maintenance Division. ARTICLE VI NO THIRD PARTY BENEFICIARIES OR OTHER PARTIES TO THE AGREEMENT 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. 35 7 of 11 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 CITY Event of Default Without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by Force Majeure, shall constitute a "CITY event of default". 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: 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. 36 8 of 11 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 (intentionally left blank) 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 37 9 of 11 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 INVALIDITY OF PROVISIONS, SEVERABILITY Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. ARTICLE XVI INDEPENDENT CONTRACTOR The CITY shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant, or employee of the UTILITY. CITY shall have control of the work performed in accordance with the terms of this Agreement and of all persons performing the same, and CITY shall be responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any. The UTILITY shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant, or employee of the CITY. UTILITY shall have control of the work performed in accordance with the terms of this Agreem ent 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. 38 10 of 11 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 ki nd or nature arising out of, relating to or resulting from the performance of this Agreement by the CITY or its employees, agents, servants, partners, principals or subcontractors. CITY shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the UTILITY, where applicable, including appellate proceedings, and shall pay all costs, judgements and attorney’s fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla. Stat., subject to the provisions of that Statute whereby the CITY shall not be held liable to pay a personal injury or property damage claim or judgement by any one person which exceeds the 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 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 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. 39 11 of 11 IN WITNESS THEREOF, the parties hereto through their duly authorized representatives hereby execute this Agreement. Attest: CITY OF SOUTH MIAMI, FLORIDA 6130 Sunset Drive South Miami, FL 33143 Attn: Ms. Shari Kamali, City Manager (305) 663-6338 ___________________ _________ Authorized signature on behalf City Clerk Date 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 Date Designee . Stephen P. Clark Center 111 N.W. 1 Street Miami, Florida 33128 HARVEY RUVIN, CLERK Attest: By: _______________________ ____________ Deputy Clerk Date 40 ATTACHMENT "A.1" CITY OF SOUTH MIAMI CANAL DRAINAGE AREAS and % SHARE DRAINAGE AREA (SQ MILES)% SHARE 1.381 57% 1.045 43% N/A 100% N/A 100% 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: Same percent share as above 41 LUDLAM GLADES CANALSNAPPER CREEK CANAL BROAD CANALCORAL GABLES UNINCORPORATED MIAMI-DADE SOUTH MIAMI PINECREST UNINCORPORATED MIAMI-DADE SOUTH MIAMI S W 4 0 T H S T SR 878 SW 57TH AVES W 5 6 T H S T SW 67TH AVES W 8 0 T H S TSW 72ND AVESW 62ND AVES W 6 4 T H S T PONCE DE LEON BLVDALHAMBRA CIRS W 8 8 T H S T S W 8 5 T H S T SW 58TH AVESW 70TH AVESW 77TH AVESAN AMARO DRD AD EL AN D MA LLSW 77TH CTSW 75TH AVESW 88 TH S T SR 878 RAMP S W 4 8 T H S T S R 8 7 8 R A M P CITY OF SOUTH MIAMI CANALS AND DRAINAGE AREAS 1.381 sq miles LEGEN D Ludlam Glades Structure Drainage Basin Boundary City of South Miami Unincorporated Miami-D ade 1.045 sq miles 0 1,500 3,000 4,500 6,000750Feet Map: SouthMiami.mdx / File:SouthMiami.pdfDate:03/19/2009 / By: MP TOTAL DRAINAGE AREA = 2.426 sq miles SW 58 ST CULVERT 42 ATTACHMENT "B" Miami-Dade County Canal Maintenance Estimated Costs City of South Miami FY 2023 -27 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%$11,970 Broad Canal (S of SW 58 St culvert)$3,000 $6,000 $9,000 $12,000 100%$6,000 Broad Canal (N of SW 58 St culvert)$2,500 $5,000 $7,500 $10,000 100%$5,000 sub-total $16,000 $32,000 $48,000 $64,000 $22,970 $22,970 Line Item 3 Mechanical Harvesting 1 2 3 4 % Share Cost Ludlam Glades Canal $44,000 $88,000 $132,000 $176,000 57%$25,080 Broad Canal (S of SW 58 St culvert)$7,000 $14,000 $21,000 $28,000 100%$7,000 Broad Canal (N of SW 58 St culvert)$6,500 $13,000 $19,500 $26,000 100%$6,500 sub-total $57,500 $115,000 $172,500 $230,000 $32,080 $32,080 Line Item 4 Selected Level of Service Shown Shaded Canal Cycles per Year Municipality's City's Annual Cost at Current Level of Service (2 cycles) Canal Cycles per Year Municipality's City's Annual Cost at Current Level of Service (2 cycles) Canal Cycles per Year Municipality's City's Annual Cost at Current Level of Service (2 cycles) Canal Cycles per Year Municipality's City's Annual Cost at Current Level of Service (1 cycle) 43 ATTACHMENT "B" Miami-Dade County Canal Maintenance Estimated Costs City of South Miami FY 2023 -27 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 Canal Cycles per Year Municipality's City's Annual Cost at Current Level of Service (0 cycles) Canal Cycles per Year 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) Canal Per occurrence Municipality's City's Annual Cost at Current Level of Service (1 event) 44 ATTACHMENT "B" Miami-Dade County Canal Maintenance Estimated Costs City of South Miami FY 2023 -27 Flood Control Structure Maintenance 1 12 26 52 % Share Cost Ludlam Glades Structure $390 $4,680 $10,140 $20,280 57%$5,779.80 sub-total $390 $4,680 $10,140 $20,280 $5,780 $5,780 Line Item 9 $147,440 $737,200 52,140 260,700 SOUTH MIAMI NOT-TO-EXCEED ANNUAL COST $95,300 $476,500 NOTES: (1) (2)Canal maintenance does not include aesthetic cleaning such as debris or litter removal. (3) (4) (5) (6) Structure Name Cycles per Year Municipality's City's Annual Cost at Current Level of Service (26 cycles) SUMMARY OF COSTS 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. MDC SWU ANNUAL COST (before reimbursement) MDC SWU 5-YEAR COST (before reimbursement) MDC SWU ANNUAL COST-SHARE (after reimbursement) MDC SWU 5-YEAR COST-SHARE (after reimbursement) SOUTH MIAMI NOT-TO-EXCEED 5 YEAR COST Line Items 1 through 9 (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. 45 M IAM I-DA DE STATE OF FLORIDA COUNTY O F MIAMI ·DA DE : Before the undersigned authority personally appeared MARIA MESA , who on oath says that he or she is the LEGAL CLERK , Legal Notices of the Miami Da il y Business Review flki a Miam i Review , a daily (except Saturday , Sunday and Legal Holiday s) newspaper , published at Miam i In Miami-Dade County, Florida ; thai the attached copy of advertisement , being a Legal Advertisement of Notice in the matter o f CITY OF SOUTH MIAMI · PUBLIC HEARINGS· AUG . 16 , 2022 in the XXXX Court, was published in said newspaper by print in the issues of and/or by publicati on on the newspaper's website , if authorized . on 0810512022 Affiant further says that the newspaper compl ies with all legal requirements lor publication in chapter 50 , Florida Statutes .~_-:::;;>""~--"", Swor to and su cribed before me this '~~ (SEAL) MARIA MESA personally known to me "'~;P,:~'" e .i..i'~RA l:iOY.AS iPo··AT" Comm ission # HH 167442 !~ .. ~~~~j Expires November 2, 2025 ·~~~k¥.~?~/ Sond!d 1:...1.1 Troy Fail insllranc.1 600-385-1019 CITY OF SOUTH MIAMI, FLORIDA CITY COMM ISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami 10 function and conduct vital business during the COVID 19 pandemic and, at the same time. to protect t he health, safety and welfare of its cit izens, officers. officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla. Stal, the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (CMT) until the state of emergency has ended or social distancing is no longer requ ired by any relevant Executive Orders. All Commission members will participate in Chambers or by video co nferencing through the Zoom platfonn and members of the public may join the meeting via Zoom at ~Q9.!!ldJl!l¥.~(t5:.6636338) and participate. At a minimum, at least three members of the City Commission will be physically present in the City Commission Chambers 1 and they will be broadcast on the Zoom platform along with all other members of the Commission , City Staff and the public who may attend remotely from the Commission Chambers and from other locations. The meeting is scheduled to begin on Tuesday. August 16.2022, at 7:00 pm. to consider the fo!lowing public hearing item(s): A Reso lution authorizing the City Manager to execute a multi-year Intergovernmental Agreement with Miami-Dade County for canal maintenance for the Ludlam Glades and Broad Canals. A Resolution authorizing the City Manager to execute an agreement and to procure professional catering services with Sushi Maki Catering Corp d/b/a Medley Gourmet Foods for the City's senior meals prog ram. A Resolution authorizing the City Manager to enter into a multi-year agreement with Management Partners, Inc .• for perfonnance-based audit services for each City division/department pursuant to the City Charter. A Resolution relating to the appeal filed by Stunnas Fit ue from a decision of the City Manager regarding an order to show cause why the Business Tax Receipt of the company should not be revoked. 46 • An Ordinance granting a fra nchise agreement to Florida Power & Ugh! Company for Electric Vehicle Charging Stations, located within the South Miami Parking Garage, 5829 SW 73rd Street, South Miami, FL 33143 and authorizing the City Manager to execute the Electric Vehicle Charging Equ ipment Agreement. If you desire 10 present eYidence or YO! r are 'mabla to use ~~ are procedures to follow and other options availa bl e including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at http://www.southm tamifl. ov/~O/Public-Meetinas-Notices. Anyone who wishes to review pending application, supporting ciocAJmeotatioo or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340. 1 The minimum standards for adopting a reso lution or enacting an ordinance are set forth in 166.041(4) ••• A majortty of the members of the governing body shalf constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution; ~ .. Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect , to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based. ADA:. To request a modification to a policy, practice or procedure or 10 request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@so uthmiamifl.gov. 8/5 Nkenga A. Payne, CMC, FCRM City Clerk 22-11510000612701M 47 SUNDAY AUGUST 7 2022 NEIGHBORS ...................................................................................................19SE 48