HomeMy WebLinkAboutReso 2019-3000 RESOLUTION NO. 2019 - 3o00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING ADDENDUM
NO. 1 TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE
AMERICAN FLOOD COALITION FOR A FLOOD ADAPTATION
ASSESSMENT PILOT PROJECT, ATTACHED HERETO AS
EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID ADDENDUM NO. 1 AND TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 18th, 2019 via Resolution No. 2019-2956, the City Commission
approved a Memorandum of Understanding ("MOU") with the American Flood Coalition
("Coalition"); and
WHEREAS, the Coalition has submitted Addendum No. 1 to the MOU to address public
records laws and insurance requirements; and
WHEREAS, the City Commission now wishes to approve Addendum No. 1 to the
Memorandum of Understanding with the American Flood Coalition for the Flood Adaptation
Assessment pilot project, attached hereto as Exhibit"A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Addendum No. 1. The City Commission hereby approves Addendum
No. 1 to the Memorandum of Understanding with the American Flood Coalition for the Flood
Adaptation Assessment pilot project, attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to
execute said Memorandum of Understanding and to do all things necessary to effectuate this
Resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 18th day . 2019.
George H. S holl, Mayor
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r. Mauri. q..Bet.ncur, CMC, City Clerk
R2019 Add No 1 To MOU W American Flood Coalition Page I of 2
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
gaud a
Edward A. Dion, City Attorney
Moved by: CQrM,YULttAiDo( COLA M J
Second by: COMA 1,11-M&-
Vote:
Mayor Scholl ✓ (Yes) (No)
Vice Mayor Svechin (Yes) (No)
Commissioner Goldman (Yes) (No)
Commissioner Lama I. (Yes) (No)
Commissioner Viscarra V (Yes) (No)
R2019 Add No I To MOU W American Flood Coalition Page 2 of 2
N"Y,s
00_...,_ CE City of Sunny. Isles Beach
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%.,--±,., = Sunny Isles Beach, Florida 33160
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'y, °7p.notkv.447 305 947-0606 Cit Hall :
Cf o:auii"a (305)949-3113 Fax
MEMORANDUM - •
TO: The Honorable Mayor andCity Commission
VIA: Christopher J. Russo, City Manager
• FROM:, Kathryn M. Matos,Assistant to the City Manager
DATE; 10/17/2019
Resolution Authorizing an Addendum to the ,
' RE: Memorandum of Understanding with the American Flood �I
Association for a Flood Adaptation Assessment Pilot
Project• . - -
0 . . . .
RECOMMENDATION:
This,Resolution is recommended for approval. .
•• REASONS: .
•
In. July 2019, the City Commission approved 'the Memorandum of
Understanding (MOU) with the American Flood Coalition to perform a
Flood Adaptation Assessment Pilot Program. Subsequently, City staff
recommends the attached addendum to the MOU that addresses
public records laws and insurance requirements. - -
: ATTACHMENTS:•
Description
Resolution
Addendum
- Item Number: 10.B.
O
• 147
ADDENDUM TO MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SUNNY ISLES BEACH,FLORIDA
AND
AMERICAN FLOOD COALITION
THIIS ADDENDUM TO 'MEMORANDUM OF UNDERSTANDING ("Addendum") is made
_and entered into as of this day of , 2019, by and between CITY OF SUNNY
ISLES BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as "City")
and AMERICAN FLOOD COALITION (hereinafter referred :to as "American Flood
Coalition").
WITNESSETH:
WHEREAS, the City and American Flood Coalition wish to enter into certain
Memorandum of Understanding for a Flood Adaptation Assessment ("Services") Memorandum
of Understanding attached hereto and incorporated herein by reference (hereinafter the "MO U");
and
WHEREAS,the City and American Flood Coalition wish to amend the MOU to add and
provide for insurance requirements and compliance with Chapter i 19, Florida Statutes (Florida
Public Records Law).
NOW,THEREFORE, for and in consideration of the mutual promises herein contained,
and other good and valuable consideration, the receipt, adequacy and sufficiency of which are
hereby acknowledged,City and American Flood Coalition desiring to be legally bound, do hereby
agree and covenant,notwithstanding the terms and conditions of the MOU, as follows:
1. Defined Terms.All initial capitalized terms used in this Addendum shall have the
same meaning as set forth in the MOU unless otherwise provided.
2. Recitals. The recitals set forth above are incorporated herein and made a part of
this Addendum.
3. Insurance.
3.1 American Flood Coalition shall secure and maintain throughout the
duration of this MOU insurance of such types and in such amounts
not less than those specified below as satisfactory to City, naming
the City as an Additional Insured,underwritten by a firm rated A-X
or better by A.M. Best and qualified to do business in the State of
Florida. The insurance coverage shall be primary insurance with
respect to the City, its officials, employees, agents and volunteers
naming the City as additional insured.Any insurance maintained by
the City shall be in excess of American Flood Coalition's insurance
and shall not contribute to American Flood Coalition's insurance. -
The insurance coverages shall include at a minimum the amounts
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set forth in this Section 3 and may be increased by the City as it
deems necessary or prudent.
3.2 Workers Compensation and Employer's Liability insurance, to
apply for all employees for statutory limits as required by applicable
State and Federal laws. The policy(ies) must include Employer's
Liability with minimum limits of$1,000,000.00 each accident. No
employee,subcontractor or agent of American Flood Coalition shall
be allowed to provide Services pursuant to the MOU who is not
covered by Worker's Compensation insurance.
3.4 Business Automobile Liability with minimum limits of$1,000,000
per Occurrence, combined single limit for Bodily Injury and
must be afforded on a form no more
Property Damage. Coverage
restrictive than the latest edition
of the Business Automobile
Liability'policy, without restrictive endorsements, as filed by the
Insurance Service Office,and must include Owned,Hired,and Ncn-
Owned Vehicles.
3.5 Certificate of Insurance. Certificates of Insurance shall be
provided to the City,reflecting the City as an Additional Insured,no
later than five (5) days prior to the execution of the MOU by City
and prior to commencing any Services.Each certificate shall include
no less than (30) thirty-day advance written notice to City prior to
cancellation, termination, or material alteration of said policies or
insurance. American Flood Coalition shall be responsible for
assuring that the insurance certificates required by this Section
remain in full force and effect for the duration of the MOU,
including any extensions or renewals that may be granted by the City
The Certificates of Insurance shall not only name the types of
policy(ies) provided, but also shall refer specifically to the MOU
and shall state that such insurance is as required by the MOU. If a
policy is due to expire prior to the completion of the Services,
renewal Certificates of Insurance shall be furnished thirty (30)
calendar days prior to the date of their policy expiration.Each policy
certificate shall be endorsed with a provision that not less than thirty
(30) calendar days' written notice shall be provided to the City
before anypolicy or coverage is cancelled or restricted.Acceptance
of the Certificate(s) is subject to approval of the City.
3.6 Additional Insured. The City is to be specifically included as an
Additional Insured for the liability of the City resulting- from
Services performed by or on behalf Of American Flood Coalition in
performance of the MOU. American Flood Coalition's insurance,
including that applicable to the City as an Additional Insured, shall
apply on a primary basis and any other insurance maintained by the
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City shall be in excess of and shall not contribute to the American
Flood Coalition's insurance. The American Flood Coalition's
insurance shall contain a severability of interest provision providing
that, except with respect to the total limits of liability,the insurance
• shall apply to each Insured or Additional Insured (for applicable
policies) in the same manner as if separate policies had been issued
to each.
3.7 Deductibles. All deductibles or self-insured retentions must be
declared to and be reasonably approved by the City.American Flood
Coalition shall be responsible for the payment of any deductible or
self-insured retentions in the event of any claim.
3.8 The provisions of this section shall survive termination of the MOU.
_ 4. Ownershi s and Access to Records. Public Records.Notwithstanding anything
to the contrary in the MOU, the.MOU and all deliverables and services provided by American
Flood Coalition are subject to Florida's Public Records Law (Chapter 119, Florida Statutes),
including but not limited to the following:
4.1 All records,books, documents,maps, data; deliverables,papers and
financial information (the "Records") that result from American
Flood Coalition providing the Services to the City under the MOU
shall be the property of the City.
4.2 American Flood Coalition agrees to keep and maintain public
records in its possession or control in connection with American
Flood Coalition's performance under the MOU. American Flood
Coalition additionally agrees to comply specifically with the
provisions of Section 119.0701, Florida Statutes. American Flood
Coalitionshall ensure that public records that are exempt or
confidential and exempt from public records disclosure
requirements are not disclosed, except as authorized by law, for the
duration of the MOU, and following completion of the MOU until
the records are transferred to the City.
4.3 ' Upon request from the City custodian of public records American
Flood Coalition shall provide the City with a copy of the requested
. records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided by
Chapter 119,Florida Statutes, oras otherwise provided by law.
4.4 Upon completion of.this,MOU or in the event of termination by
either party, an and all public records relating
to the MOU in the
possession of American Flood Coalition shall be delivered by
Coalition to the City Flood Mana er g , at no cost to the
152
•
City, within seven (7) days. All such records stored electronically
by American Flood Coalition shall be deliyered to the City in a
format that is compatible with the City's information technology
systems. Once the public records have been delivered upon
completion or termination of this MOU, American Flood Coalition
shall destroy any and all duplicate public records that are exempt or
confidential and exempt from public records disclosure
requirements.
4.5 Any compensation due to American Flood Coalition shall be
withheld unfil all records are received as provided herein.
4.6 American Flood Coalition failure or refusal to comply with the
provisions of this section shall result in the immediate termination
of the MOU by the City.
Section 119.0701(2)(a), Florida Statutes
IF AMERICAN FLOOD. COALITION HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER R 119, FLORIDA
STATUTES, TO THE COMPANY'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS MOU, CONTACT. THE
CUSTODIAN OF PUBLIC RECORDS.
Custodian of Records: Mauricio Betancur, MMC,
CITY CLERK
Mailing address: 18070 Collins Avenue
Sunny Isles Beach, FL 33169
Telephone number: 305-792-1770
Email: mbetancurAsibfl.net
5. Counterparts. This Addendum may be executed in counterparts and any
counterpart evidencing signature by one party may be delivered by telecopy, facsimile or
electronic mail.Each executed counterpart of this Addendum will constitute an original document
-and all executed counterparts;together,will constitute the same MOU.
6. Ratification; Addendum Controls.Except as expressly amended herein,all of the
terms and provisions of the MOU remain unmodified and in full force and effect.In the event of
any conflict between the terms of the MOU and the terms of this Addendum, the terms of this
Addendum shall govern as necessary to resolve any such conflict.
7. Notices/Authorized Representatives. The following provision is added to the
Agreement: Any notices required by the Agreement shall be in writing and shall be deemed to
have been properly given if transmitted by hand-delivery, by registered or certified mail with
153
postage prepaid return receipt requested,or by a private postal service,addressed to the parties(or
their successors) at the following addresses:
For the City: City Manager
City of Sunny Isles Beach
18070 Collins Avenue:
Sunny Isles Beach;FL 33160
With a copy to: City Attorney
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
For American
Flood Coalition: American Flood Coalition
1342 Florida Avenue NW
Washington,DC 20009..
Attn: Melissa Roberts,Executive Director
8. Compliance with Laws. American Flooa 'Coaiition shall comply with all
applicable laws, ordinances,rules ;regulations, and lawfulorders of public authorities in carrying
out the deliverables Or services under the PvMOU, and in particular shall obtain all required permits
fromall jurisdictional agencies to perform the services under the MOU.
IN WITNESS WHEREOF,the parties hereto have caused this Addendum on the dates set forth
below their respective signatures.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK;
SIGNATURE PAGE TO FOLLOW]
154
CITY:
City of Sunny Isles Beach, a Florida
municipal corporation
By:
ATTEST:
Name:
Mauricio Betancur, City Clerk Title:
Date:
APPROVED AS TO LEGAL FORM AND
S JFFICIENCY:
Edward A.Dion, City Attorney
AMERICAN FLOOD COALITION
By:
Name:
Title:
Date:
155