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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 AT\T P `1 frig a a 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 . 0 t .�..,-y0,, F 18070 Collins Avenue %.,--±,., = Sunny Isles Beach, Florida 33160 'S-y ( ) Y '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 150 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 151 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