07-28-09 Item 7South Miami
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" --- CITY OF SOUTH MIAMI
INCORPORATED
1927 OFFICE OF THE CITY MANAGER
o ero INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
Via: W. Ajibola Balogun, City Manager
From: Jose Olivo, P.E.
Public Works & Engineering Department
Date: July 28, 2009 Agenda Item No.:
Subject: Authorizing the City Manager to enter into an agreement with Miami -Dade
County for routine canal maintenance of the Ludlam Glades and Broad Canals.
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER
INTO A FIVE (5) YEAR INTERLOCAL AGREEMENT WITH MIAMI -DADE
COUNTY FOR ROUTINE CANAL MAINTENANCE FOR THE LUDLAM GLADES
AND BROAD CANALS FOR AN AMOUNT OF $38,902 ANNUALLY, TO BE
FUNDED FROM THE STORMWATER TRUST FUND ACCOUNT NUMBER 111 -
1730- 541 -6491; PROVIDING FOR AN EFFECTIVE DATE.
Request: Authorizing the City Manager to enter into a five (5) year interlocal
agreement with Miami -Dade County for routine canal maintenance of the
Ludlam Glades and Broad Canals.
Reason /Need: The interlocal agreement will help to establish relationships and
responsibilities for operation and maintenance of. shared drainage canal
systems by the City of South Miami and the Miami -Dade County
Stormwater Utility.
Cost:
$38,902 annually
Funding Source: Stormwater Trust Fund.
Backup Documentation:
❑ Proposed Resolution
❑ Miami -Dade County Five (5) Year Interlocal Agreement
@ "
•
RESOLUTION NO.:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE (5)
YEAR INTERLOCAL AGREEMENT WITH MIAMI -DADE COUNTY FOR ROUTINE
CANAL MAINTENANCE FOR THE LUDLAM GLADES AND BROAD CANALS FOR AN
AMOUNT OF $38,902 ANNUALLY, TO BE FUNDED FROM THE STORMWATER
TRUST FUND ACCOUNT NUMBER 111 - 1730 - 541 -6491; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami, Florida, wish to provide
routine canal maintenance along the Miami -Dade County canal (Ludlam Glades and Broad Canal)
systems within the City; and
WHEREAS, an 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 canal, from SW 52nd St. to SW 80th St. and for the Broad
Canal from south side of SW 58th St. culvert to SW 64th St.;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OT THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Commission authorizes the City Manager to enter into an agreement with
Miami -Dade County for the routine canal maintenance of the Ludlam Glades and broad canals.
Section 2: The City Commission authorizes the City Manager to expend an amount of $38,902
annually for the next five (5) year's stormwater budget starting FY2009 -2010 stormwater trust fund
account number 111 - 1730 - 541 -6491 for the scope of work defined in attachment "B" of the interlocal
agreement.
Section 3: The attached exhibit is incorporate by reference into this resolution.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
Department of Environmental Resources Management
Management Division
MIAMI-,WE
701 NW 1st Court, Ste -400
Miami, Florida 33136 -3912
C
T305-372-6529 F 305 - 372 -6425
Carlos Alvarez, Mayor
ADA Cwnfimliion
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Agmda Cratdinatian
Art in Public Places
AwrR 1nd14amgr "1Smicm
July 7, 2009 .
Arfation
DtAtrling Code Compliance
Mr. Ajibola Balogun, City Manager
FILOWng
City of South Mian-d
Hosinm Vesrinpnsent
6130 Sunset Drive
cap!lat lmpu%wients
South Miami, FL 33143
fiti7i n's lrxklrndmt 5ans;xxtatinn Tmsi
Crammunicatiraru
Re: City of South Miami - Stormwater Management Interlocal Agreement. Renewal for
Cummniq•Aciior' anr,'
FY 2009/ 10 to 2013/14 .
Cnmmun!>)• & Frnrsnm ie Desrlrysmrrrt
Community Relations
Dear Mr. Balogurr:
Comumc+ Scnfc�s
Cnrrr.Yinns t Rc4wlA1ita1)nrs
Please find enclosed for presentation to your City's Commission, three copies of the Interlocal
Cwnt)uide Hcvidxare Nanning
Agreement (Agreement) for Stormwater Management between the City of South Miami (City)
0n11walMai.
and the Miami -Dade County Stormwater Utility (Utility). This revised Agreement supersedes
Elr�iions
the previous version sent to you on May 28, 2009, and incorporates changes requested by your
Emer�r x,,tin,kenen,
staff since receiving that document. As stated in the May 28, 2009 letter, this new Agreement is
Enplrgr RclAtian
Entupdse lechra!r •Services
for five fiscal years, from October 1, 2009 to September 30, 2014, and will replace the current
Em ironmenlalRoom- Atanagemenl
Agreement that expires on September 30, 2009.
Fa lr £mpinyntrnl Prarlires
finance
Our target date for submission to the DERM Liaison for Board of County Commissioners
fire RiKCue
Agenda is August 3, 2009. To meet that deadline, please return to us two (2) signed copies of
Gmcal ScniresAdministtat!nn
the Agreement, and a copy of a City Resolution authorizing the City Manager to enter into t11e
Historic Nmi jtiun
Agreement.
I Ionu4mt Tnnl
HcmingAgr-nq
Please contact Randall White of my staff, or me, at (305) 372 -6656.
Houstrsi; f inan.eAuthaily
I lunm Anins
Sincerely,
IndcperkJ&i1 Reties' pans
Intematfonal Tradr Ccxmitdum
Iurenile. Assrcanxs,; etnln
'
Alcdical Exandnx
Curt L.A. Williams, Manager
Afirlruw!Ildn Manninj{ CNgani oration
Stormwater Utility Section
IdrkandRrcrettirm
I'Iannlne and Zoning
Enclosure: Three copies ol'revised Five (5) Year Interlocal Agreement
P.Aiie
prncunrincttl Aianagcnicnt
Pc: Jose OGvo, Jr., P.E., Director of Public Works, City of South Miami
Ptupcxq•Aparaiwf
PdNic f@mtysrs:rm
Marina Blanco - Pape, P.E., Chief, Water Management Division, DERM
Pnhlic
Randall White, Project Supervisor, Stormwater Utility Section, DERM .
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Water and Sewer
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 -6656
DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT
701 NORTHWEST FIRST COURT, SUITE 400
MIAMI, FL 33136
FIVE (5) YEAR
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI (CITY)
AND
THE MIAMI -DADS COUNTY STORMWATER UTILITY (UTILITY)
FOR STORMWATER MANAGEMENT
THIS FIVE (5) YEAR INTERLOCAL AGREEMENT, [the "Agreement "] by and
between the Miami -Dade County Storinwater 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:
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ARTICLE I
PURPOSES
The UTILITY and the CITY enter into this Agreement to further the following
purposes:
(1) to protect and promote the public health, safety, and general welfare through the
management of stormwater run -off;
(2) to maintain and improve water quality and preserve and enhance the
environmental quality of the receiving waters;
(3) to control flooding that results from rainfall events;
(4) to deter unmanaged rainwater from eroding sandy soils and causing
sedimentation;
(5) to deter the disruption of the habitat of aquatic plants and animals;
(6) to promote 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 Manapement_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,
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including capital and operating outlays necessary to maintain the level of service established in
the CITY's Stormwater Management Plans.
Utility Stormwater Bud,et 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 ninoff 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 Maieure shall mean an act of God, epidemic, lightning, earthquake, fire, explosion,
hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection,
riot, general arrest or restraint of government and people, civil disturbance or similar occurrence,
which has had or may reasonably be expected to have a material adverse effect on the rights or
obligations under this Agreement, and which, by the exercise of due diligence, such parties shall
not have been able to avoid. Such acts or events DO NOT INCLUDE inclement weather (except
as noted above) or the acts or omissions of subcontractors, third -party contractors, material men,
suppliers, or their subcontractors, unless such acts or omissions are otherwise encompassed by
the definition set forth above.
Maintenance is defined by, and limited to, the tasks listed in the Attachment `B" or other
related stormwater drainage tasks agreed to by both parties' Project Managers.
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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, 2009 and ending on September 30, 2014, provided, however, either party may
terminate this Agreement without cause prior to the expiration date upon one (1) year's advance
written notice to the other party of its decision to terminate this Agreement.
ARTICLE V
CITY AND UTILITY RESPONSIBILITIES
A. Upon the request of either the CITY or the UTILITY, each shall share
information in matters related to operations, maintenance, design and construction costs and cost
allocation determinations associated with shared drainage systems.
B. The CITY and the UTILITY shall provide notice to each other, as provided, in
this Agreement designating their respective Project Manager. Each shall promptly notify each
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other of any change in the Project Manager designation by written notice as specified in this
Agreement.
C. Commencing with fiscal year 2009 -2010, and after approval of the Agreement,
the costs allocable to the CITY and the costs allocable to the UTILITY based on the relative
stormwater runoff contribution to each other's shared portion of the stormwater drainage systems
are included in this Agreement and presented as described in Attachment "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. 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. The
UTILITY shall reimburse the CITY for any amounts determined to have been overpaid by the
CITY within 30 days after verification of the overpayment by the UTILITY.
F. The CITY and the UTILITY shall maintain financial records for 5 years
pertaining to this Agreement, and shall make them available for inspection and copying at the
place where the records are maintained within a reasonable time after receiving a records
request.
G. The CITY and the UTILITY shall each be responsible for procuring
independently all necessary permits in the performance of their respective work under this
Agreement.
H. The CITY and the UTILITY shall each comply with all applicable regulations,
ordinances and laws in effect in the performance of this Agreement.
ARTICLE VI
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.
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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. The UTILITY may terminate this Agreement inunediately after issuing written notice of
default to the CITY.
If a CITY event of default occurs, the UTILITY shall have all of the following
cumulative and independent rights and remedies:
1. The right to declare that this Agreement together with all rights granted to CITY
are terminated, effective upon such date as is designated by the UTILITY.
2. Any and all rights and remedies provided under federal laws and the laws of the
State of Florida.
UTILITY Event of Default
Without limitation, the failure by the UTILITY to substantially fulfill any of its material
obligations in accordance with this Agreement, unless such failures are 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: The CITY may terminate this Agreement immediately after written notice of default to
the UTILITY.
If a UTILITY event of default occurs, the CITY shall have all of the following
cumulative and independent rights and remedies:
1. The right to declare that this Agreement together with all rights granted to
UTILITY are terminated, effective upon such date as is designated by the CITY.
2. Any and all rights and remedies provided under federal laws and the laws of the
State of Florida.
ARTICLE VIII
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. The UTILITY and the CITY agree to submit to service of process and
jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this
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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
This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained in this
Agreement. The parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this Agreement, and
that this Agreement contains the entire agreement between the parties as to all matters contained
herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements, whether oral or written. It is further agreed that
any oral representations or modifications concerning this Agreement 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.
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.
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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 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.
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ARTICLE XVH
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 any one person
which exceeds the sum of $100,000, or any claim or judgement or portions thereof, which, when
totaled with all other claims or judgement paid by the CITY arising out of the same incident or
occurrence, exceed the sum of $200,000 from any and all personal injury or property damage
claims, liabilities, losses or causes of action which may arise as a result of the negligence of the
CITY.
The UTILITY does hereby agree to indemnify and 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 $100,000, or any claim or judgements
or portions thereof, which, when totaled with all other occurrence, exceeds the sum of $200,000
from any and all personal injury or property damage claims, liabilities, losses and causes of
action which may arise solely as a result of the negligence of the UTILITY. However, nothing
herein shall be deemed to indemnify the CITY from any liability or claim arising out of the
negligent performance or failure of performance of the CITY or any unrelated third party.
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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: Ajibola Balogun, City Manager
(305) 668 -2510
Authorized signature on behalf
City Clerk Date of the City of South Miami, Florida.
LIM
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 RUV IN, CLERK
Attest:
By:
Deputy Clerk Date
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ATTACHMENT "A"
Drainage Basin Study and Percent Share
(see attached exhibit)
MIAMI CITY OF SOUTH
MIAMF
CANALS AND DRAINAGE AREAS
�y 8.
COIJt�T_ Y �,�►e;
P�isJg
9
LEGEND
m Ludlam Glades Structure
TOTAL DRAINAGE AREA = 2.426 sq miles
Drainage Basin Boundary 0 750 1,500 3,000 4,500 6,000
Feet
City of South Miami Map: SouthMiami.mdx I flle:SaAhMiami.pdf
Unincorporated Miami -Dade Date:03119120091 By MP
ATTACHMENT "A"
CITY OF SOUTH MIAMI
CANAL DRAINAGE AREAS and % SHARE
CANAL AREA (SQ MILES l % SHARE
LUDLAM GLADES CANAL
BROAD CANAL
1. South Miami 1.381 . 57%
2. Miami -Dade County 1.045 43%
Total 2.426 100%
ATTACHMENT "B"
Five (5) Year Cost Share Table
(see attached exhibit)
ATTACHMENT "B"
City of South Miami 2009110 to 2013114
Canal Maintenance Estimated Costs
Selected Level of Service Shown Shaded
Ci dvart Ctlaaninn - Ahnva Water
City Cost at Current Level of Service $2,460
Culvert r,leaninn - ReInW Water
Culverts
Canal
Cycles
per Year
Culverts
Canal
1
2
3
4
% Share
Cost
$10,500
$2,650
Ludlam Glades Canal
$2,000
.F .. . t,yti
$6,000
$81000
57 /$2,280
$13,150
$10,000
$15,000
$20,000
_
1 $3,020
SW 58 St Culvert (bet. SW 63 Ave & 63 Ct)`
u... -....$ 00:
100%
$200
sub -total
$2,000
,, , $4 2n0
$6,0001
$8,000
$2,480
City Cost at Current Level of Service $2,460
Culvert r,leaninn - ReInW Water
Culverts
Canal
Cycles
per Year
1
2
3
4
% Share
Cost
Ludlam Glades Cana!
SW 58 St Culvert (bet. SW 63 Ave & 63 Ct)'
$10,500
$2,650
$10,000
$15,000
$20,000
57%
100%
$2,850
$170
sub total
$13,150
$10,000
$15,000
$20,000
1 $3,020
Mechanical
Canal
Ludlam
Broad Canal
sub -total
and bank acres
City Cost at Current Level of Service $3,020
— Cycles er Year
1 21 31 4 % Share
- City Cost at Current Level of Service $0
Chemical /HarhlridA Treatment (.cmhmarnarl emernent. and hank acres treated)
Acres
Canal
Cycles
per Year
1
2
3
4
% Share
Cost
Ludlam Glades Canal
Broad Canal
$10,500
$2,650
$21,000
$5,300
$31,500
$7,950
.._,.,$42,Q,
y $1_fl60Q ==:
57%
57%
$23,940
$6,042
sub -total
$13,150
$26,300
$39,450
,..,,$52,60p
$29,982
City Cost at Current Level of Service $29,982
ATTACHMENT "B
City of South Miami 2009/10 to 2013/14
AA.... ;.- _ CL,►
Acres
Canal
Cycles
per Year
1
2
3
4
% Share
Cost
$38,902
Ludlam Glades Canal
Broad Canal
$500
$1,000
$1,500
$0
$0
57%
$1,140
sub -total
$0
$0
$0
$0
$0
City Cost at Current Level of Service $0
Acres
Canal
Cycles
jer Year
1
2
3
4
% Share
Cost
$38,902
Ludlam Glades Canal
$500
$1,000
$1,500
._ . 2;000=_:
•- - - -
57%
$1,140
sub -total
$500
$1,000
$1,500
>r;;:;;; :_$2,000
$1,140
City Cost at Current Level of Service $1,140
rIkk ti.,r. 0 omr..,n1 /nnntinnonr N
Hours
Canal
Cycles
per Year
1
2
3
4
% Share
Cost
$38,902
Ludlam Glades Canal
Broad Canal
_._$2,OOb;
$2,000.
$4,000
$4,000
$6,000
$6,000
$8,000
$8,000
57%
57%
$1,140
$1,140
sub -total
$4,O00
$8,0001
$12,000
$16,000
$2,280
City Cost at Current Level of Service $2,280
TOTAL ANNUAL COST
$67,970
MDC UTILITY ANNUAL COST
$29,068
Annual
MDC UTILITY 5 YEAR COST
$145 340
5 Year
MUNICIPALITY ANNUAL COST
$38,902
Annual
MUNICIPALITY 5 YEAR COST
$194,510
5 Year
Leval of Service and Cost Estimates Provided by Miam6Dade County Public Works Department
Does not include aesthetic cleaning such as debris or litter removal
Costs are not to exceed the total annual amounts and are subject to change based
on environmental conditions and COLA
'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.