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HomeMy WebLinkAboutReso 1997-0019 RESOLUTION NO. 97-19 AN RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING AN INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, prior to June 16, 1997, municipal services were provided to the residents of the City of Sunny Isles Beach by Metropolitan Dade County (the "County")~ and WHEREAS, on June 16, 1997, the citizens of the City of Sunny Isles Beach adopted a City Charter and incorporated the City of Sunny Isles Beach (the "City")~ and WHEREAS, the City and the County want to enter into an Interlocal Agreement (the "Agreement") whereby the City and the County will outline a procedure for the transitional provision of municipal services for the citizens of Sunny Isles Beach~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Agreement, attached as Exhibit "A", is hereby adopted. Section 2. That the Mayor and the City Attorney are hereby authorized to negotiate any technical and legal matters relating to the Agreement. Section 3. That the Mayor is hereby authorized to execute the Agreement, on behalf of the City, with the County. Section 4. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 20th day of November, 1997.. ATTEST: ...'O.. . , <, ..,.... 'i ...i .. .,,:' ,'. . ('" ,- .... ~.1 ~.;,. . '\ -y "... ,,- /"J ';b \', ' \ l ~.Kd-, It.,'; "~~('.~IL\.~\A.eo.. Jonda K. :: ",'I~t~riln-City..Clerk o .1"1....\ RES97.19 \\ ~ . ~..... l\-~"< :.:;~ ",> "\.;-l)', ~ ~~', ~ t# . , '" ~~-r. '--..,a. A ''''i-'''~ .. \. ",;;> -' " ""l' ,. It t=l.C'" APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~-~-- I.; M. Dannhelsser City Attorney RES97.19 ~VI_~/~' t~i lv.~. I~~ uV~~i~u~~v .'..'1..'/1.v.....'........... i.....'6J ~L..,V_... .... IIEXHJ Btr "k'" J Approved Veto Override Mayor Agenda Item No. RESOLUTION NO. RESOLUTION APPROVING INTERLOCAL AGREEMENT WITH THE CITY OF SUNNY ISLES BEACH; AUTHORIZING THE COUNTY TO PROVIDE MUNICIPAL SERVICES FOR AN INTERIM AND TRANSITION PERIOD; APPROVING PAYMENT OF $500,000 TO THE CITY OF SUNNY ISLES BEACH FROM UTILITY TAXES, SETIING FORTH THE COSTS OF MUNICIPAL SERVICES TO BE PROVIDED BY THE COUNTY TO THE CITY OF SUNNY ISLES BEACH; PROVIDING FOR ASSUMPTION OF SERVICES BY THE CITY WHEREAS, the City of Sunny Isles Beach and the County have reached an agreement on the provision of municipal services by the County to the City of Sunny ISles Beach; and WHEREAS, the City is requesting an advance of $500,000 of utility tax collections. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, that this Board approves the Interlocal Agreement between the City of Sumy Isles Beach and the County in substantially the form attached hereto. lU"~/ijj trtl 1~,~' t~A ~Vvvl~~lbO ....".t\.,/\Ul:...'..l:.~'.l l\"~AJ J:)L 1I\J~J. v "t:...i v v... Agenda Item No, Page 2 The foregoing resolution was offered by Commissioner , who moved Its adoption. The motion was seconded by Commissioner and the vote was as follows: Dr. Miriam Alonso James Burke Dr. Barbara M. Carey Miguel Diaz de la Portilla Betty T. Ferguson Bruce C. Kaplan Gwen Margolis Natacha Seijas Millan Jimmy L. Morales Dennis C. Moss Pedro Reboredo Katy Sorenson Javier D. Souto The Chairperson thereupon declared the resolution duly passed and adopted this . This resolution shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK Approved by County Attorney as to form and legal sufficiency. By: Deputy Clerk RES0JClO598 ~6/ Ii. Ii -0/ ~-/ 3/ 3'-Cj 7-- - INTERLOCAL AGREEMENT This is an Interlocal Agreement between Metropolitan Dade County, a politi~1 subdivision of the State of Florida (the "County"), and the City of Sunny Isles Beach, a municipal corporation of the State of Florida (the "City"), entered thiS.!/- day of tlol, 1997 (the or this "Agreement"). WHEREAS, on June 16, 1997, a charter for the City was approved by the citizens of the City and on July 29,1997, the City Commission was sworn into office, and WHEREAS, prior to June 16, 1997, police, planning, parks and recreation, public works, solid waste collection and building and zoning services (collectively, "Municipal Services"; individually, each a "Municipal Service") were provided to the residents and businesses of the City by the County, as the municipal government for the Unincorporated Municipal Service Area ("UMSA"), and WHEREAS, the City and the County want to enter into this Agreement in order to: 1) agree on whether the City or the County will provide Municipal Services and levels and cost of services to be provided to the City by the County fr~m June 16, 1997, through September 30, 1997 (the "Interim Period") and from October 1, 1 ~97 through March 31, 1998 (the "Transition Period") or as may be extended through other provisions of this Agreement; 2) outline a procedure whereby the City may, from time to time as it deems appropriate, provide all or some Municipal Services in lieu of the County; 3) establish procedures for extending this Agreement for up to two consecutive periods following the Transition Period; 4) require a time-table for the orderly transition 1 ~ from the County's provision of Municipal Services to the City providing its own Municipal Services; and 5) agree upon and clarify certain other issues. I. MUNICIPAL SERVICES FOR INTERIM PERIOD For the Interim Period, the County agrees to continue to provide Municipal Services (police, planning, building, zoning, code enforcement, public works, park and recreation, and stormwater management) directly or through its contractors at the same levels as have been provided to residents and others in the City since the date of incorporation through September 30, 1997, II. MUNICIPAL SERVICES FOR THE TRANSITION PERIOD A. County Responsibilities. For the Transition Period, the County agrees to continue to provide Municipal Services directly or through its contractors to residents and others in the City as provided in this Agreement. These services are described below: 1. A. Police Services. Through the Metro-Dade Police Department ("MDPD"), the County will provide police services and protection to the City. Police practices and operational staffing patterns will continue in the same manner and at the same level as those provided in the prior fiscal year. MDPD will answer all calls for police service within the City and uniformed patrol officers as well as other field staff will be supported by all MDPD specialty units as needed and by the complete administrative and other support services of the department; however, MDPD officers will enforce only existing state laws and County ordinances as may be enacted or amended during the Transition Period. 2 (p B. Off Dutv Police. The County agrees to provide off duty police services to the City during the term of the Agreement, if requested by the City, on the terms and conditions established by the Metro-Dade Police Department at the rate of $26.70 per hour per officer, $30.10 for a sergeant and $35.10 for a lieutenant. The charge for the use of County vehicles in connection with off-duty assignments shall be four (4) dollars per hour or $0.53 per mile, whichever is greater. If special equipment such as boats or aircraft is involved, the department shall set charges based on known operating costs or upon prevailing private sector rates for such equipment. Such off duty service shall not be an expense credited against the ad valorem tax credit provided in the Agreement, and shall cease at such time as the City provides police patrols in the City. 2. Plannino. Buildino and Zonino Services. Through the Metropolitan Dade County Department of Planning, Development and Regulation, the County will perform analyses on applications for zoning hearings and on applications for amendments to the County's Comprehensive Development Master Plan ("CDMP"), should the need arise, as outlined below: A. Processino. The County will receive and pro~ss permit applications for any new construction, alterations or improvements on real property ("Development Activity") within the City, all in accordance with current practice (including forms and inspection procedures) for the unincorporated area of the County. This will include the issuance of all required subsidiary permits, such as electrical, plumbing, mechanical, windows, shutters, roofing, and gas. It will also include the 3 7 performance of all required inspections and the issuance of applicable Certificates of Completion and/or Certificates of Use and Occupancy, B. Applications. All applications for permits to do work in the City shall be made at the offices of the Department of Planning, Development and Regulation. C. Review by the City. Prior to the County's issuance of the initial building permit (or renewal of an expired permit) for any Development Activity, the County shall transmit one copy of the permit application and three copies of the site plan to the City Manager for the City's approval. As part of that transmittal, the County shall provide the City with a zoning compliance statement on or affixed to the site plans. This statement shall demonstrate the County's findings as to compliance with such zoning regulations as setbacks, building height, floor area ratio, landscaping, pervious area limits and other zoning criteria as well as any applicable public hearing approved plans and covenants. Once that material is transmitted to the City, the City will, within five working days, expeditiously review the material for the purpose of determining that the proposed use shown on the permit application is permitted in the applicable zoning district and that the County's statement as to zoning compliance has been duly affixed to the site plans. If the City finds that the use is permitted and the County Zoning Compliance Statement has been duly affixed to the site plans, the City shall indicate its approval by the use of a stamp or mark on the site plans signed or initialed by the individual making such review on behalf of the City. This approval stamp or mark on the site plans shall authorize the County to issue the permit applied 4 ~ for, if other applicable regulations have been complied with. One copy of the approved site plan shall be retained by the City. The other two copies shall be returned to the County as "job" and "office" sets. D. Walk-throuohs. In order to expedite the City review procedure, the City will implement a process for a routine walk-through or drop-off of the permit applications and plans by the County or the permit applicant (or representative) during regular business hours at a location designated by the City Manager. Once the City has completed its review and issued an approval for an initial permit for the particular Development Activity, the City's approval of subsidiary permits is not required. E. Modifications. Any modifications to the physical elements of the site plan (i.e. building footprint, parking lot, or landscaping) shall be reviewed and approved by the City Manager or his designee. F. Certificate of Use & Occupancy. In addition to the City's review of permit applications and site plans, the County further agrees that it will not issue a certificate of use and occupancy for any existing development .where a change in use is requested unless and until the requested certificate is approved~y the City in accordance with the same review procedures described above for other Development Activity. G. Records. The County will maintain records in accordance with current practice for the unincorporated area and will provide the City, within 5 0, 10 days after the end of each month a monthly activity report of all permitting services provided during the preceding 3D-day period, in a format approved by the City. H. Public Hearino Applications. (1) Pendino Applications. Written notice will be given within 5 days by County to the City of all pending and new applications for Zoning Public Hearings ("Zoning Applications"). (2) New Zonino Applications. The County shall accept new Zoning Applications for land within the City and shall process such Zoning Applications as set forth in this paragraph. All Zoning Applications and supporting documents shall be furnished to the City Manager or his designee within three days of County determination that such application is bona fide and complete. a) Processino of Pendino and New Applications. All pending or new Zoning Applications that are not yet scheduled and noticed for hearing shall be processed and noticed by the County for public hearing by the City at a time and place determined by the City. The time and place shall be furnished to the County in adequate time to prepare and publish appropriate notice. The processing of Zoning Applications by the County shall include a complete analysis, including site data, historical background, and comprehensive plan consistency, and shall include the recommendations of the County's staff. All such analyses shall be furnished to the City five days in advance of the City's conducting its public hearing on the respective Zoning Applications. County staff, together with court reporter provided by the County, shall be available at the public hearings by the City on each application. 6 (0 b) Substantial Compliance Determinations and Administrative Site Plan Aoorovals. During the term of this Agreement, the City shall make all substantial compliance determinations in connection with plans previously approved at public hearing by the County. The County shall refer to the City Manager or his designee requests for administrative site plan reviews, The County shall transmit its recommendations with the transmission of these items. c) Administrative Variances. During the term of this Agreement, the County shall receive and process all applications for administrative variances. Upon the completion of the processing (including the preparation of a staff recommendation) of such requests, the County shall transmit the full applications to the City for final action by the City Commission. (3) Plattino. During the term of this Agreement or until otherwise notified by the City, the County shall receive, review and process all requests for platting approval (including waivers of plat) in accordance with Section 28-1 (L) of the County code. Upon completion of the review and processing, the County shall submit all final plats and waivers of plat to the City for City Commission appr~val. (4) Comprehensive Development Master Plan (CDMP)_ A. Prior to the City's adoption of a final City Comprehensive Development Master Plan in accordance with section 163.3167(4), Florida Statutes, any application to amend a comprehensive development plan that is filed with the City or requests consideration for adoption by the City Commission, shall not be submitted to the County's review process for plan amendment applications nor to the Board of 7 I ( County Commissioners for consideration. In the event such an application is filed with the City, and should the City choose to transmit to the County a sum equal to the fee for filing a similar application with the County, County staff shall review the application and shall develop and convey to the City a staff recommendation on the merits of the application. 3. Code Enforcement. Through the County Departments of Planning, Development and Regulation and Team Metro, the County will provide the following code enforcement services performed in accordance with current practice in UMSA and at the service levels provided in the adopted FY 1997-98 County budget: A. Plannino. Development and Reoulation. Code enforcement through this department covers commercial zoning enforcement, residential minimum housing, unsafe structures, working without permits and contractor fraud. B. Team Metro. Team Metro provides code enforcement activities for residential zoning violations, environmental nuisance control and solid waste violations. 4. Public Works Services. Through the County Department of Public Works, other appropriate County departments or contractors, the County will provide the following services, performed in accordance with current practice in UMSA and at the service levels provided in the adopted FY 1997-98 County budget: A. Municipal-type local road and right-of-way maintenance services, including shoulder repair, pothole patching and patching of sidewalks and bike paths to the City. 8 /2- B. The County will continue to provide stormwater utility services for stormwater systems located within the City's jurisdiction and collect fees associated with those services until such time as the City is granted an exemption to the Stormwater Utility Ordinance pursuant to Metropolitan Dade County Code Section 24-61.2, as may be amended. The County will proceed to complete the project known as the Golden Shores Drainage Improvement Project and such other drainage projects utilizing stormwater utility revenue according to the schedule established for this work and as negotiated between the City and the County pursuant to a separate agreement. C. Lot clearing, graffiti removal and removal of abandoned property remediation will be performed through the normal enforcement process by the appropriate County departments, upon approval by the City. Actual costs will be charged to the City per the unit cost schedule shown below: mowing $0.014 per square foot bulldozing $0.0375 per square foot abandoned vehicle removal $45.00 per ton load/haul debris $44.00 per ton disposal of debris $45.00 per ton D. Landscape maintenance and mowing of right of ways and medians on local streets in the City by' the County will continue at the same level of - service as was provided in the Interim Period. The County's permits from the Florida Department of Transportation (FDOT) for tree planting and associated maintenance on state roads within the City are transferred to the City. Any documentation required to evidence such transfer shall be provided upon execution of this Agreement. E. The City assumes responsibility for local roadway and other related capital improvements and the County agrees to include the City in the 9 /3 distribution formula for Capital Improvements Local Option Gas Tax and the Local Option Gas Tax which is sent to the Department of Revenue of the State of Florida, as allowed by law. F. The County has determined that no roads within the City will remain County roads. All roads not within the State Road System will be maintained by the City. This Agreement shall be sufficient to accomplish the transfer of Public Roads from the County road system to the City road system pursuant to Section 335.0415 (3) F.S., and shall be deemed to include the transfer of the County's regulatory and proprietary jurisdiction, and the conveyance of all right, title and interest of the County, subject to any easements reserved for public utilities owned and operated by the County. G. Countywide funds will continue to be used for street signs, traffic signals, and other countywide responsibilities. 5. Parks and Recreation Services. Not Applicable III. FINANCIAL ISSUES A. Revenues Durino the Interim Period. The parties acknowledge that residents, property owners and businesses of the City were responsible for paying the County 1997 ad valorem taxes, and fees for storm water management, building permit and zoning applications for the UMSA Municipal Services for the Interim Period. In consideration of the receipt of these taxes and fees by the County attributable to the periods after the date of incorporation, the County agrees to continue to provide 10 I~ Municipal Services at the same levels of service as have been provided since the date of incorporation to the residents and others in the City through September 30, 1997: The parties agree that the City is entitled to receive utility tax revenues commencing June 16, 1997, pursuant to Florida Statute 166.231 and City Ordinance 97 -3. Due to the time required to adjust the accounting systems of utility tax collectors, some utility tax revenue may have be~n remitted to the County instead of to the City. The County estimates that the utility tax collections accruing from utility accounts in the City for the Interim Period are approximately $215,000 per month. The County advanced the City on September 19, 1997, the sum of $300,000 on account of utility tax due to the City. The County agrees to advance an additional $500,000 within 10 days of execution of this Agreement, which sums shall be credited to the County as a portion of the payment due for the utility taxes as set forth below. The City shall submit to the County (1) a statement from the utility companies of their actual utility tax collections or best estimates of such collections from accounts within the City forthe period June 16,1997, through September 30, 1997, (2) an accounting of the sums actually received by the City, and (3) a statem7nt of the advances paid by the County to the City. Upon receipt of these statemen!s and accounting from the City, the County will pay the City utility tax revenues received by the County between June 16, 1997, arid September 30, 1997, which are due to the City minus any advances made to the City as required by this Agreement. This payment shall be made within thirty (30) days of the receipt by the County of the statements and accounting described herein, subject to the County's audit. If the County deems it 11 '1 necessary to conduct an audit as provided in this paragraph, such amounts the County is required to pay the City pursuant to this paragraph shall be paid within ten (10) days of completion of the audit. The County also agrees to remit cable franchise fees collected by the County in the City during the Interim Period within thirty (30) days after execution of this Agreement. The County estimates these fees to total $8,750. For FY 1997-98, any cable franchise fees collected by the County which are attributable to the City will be remitted to the City. All payments shall be subject to audit and verification. B. Revenues Durino the Transition Period. The parties acknowledge that, commencing in November 1997, the County will receive ad valorem taxes paid by property owners in Sunny Isles Beach in the approximate amount of $3.2 million. Such ad valorem taxes, will be credited to City as revenue available to defray the costs of providing certain Municipal Services described herein. At such time as the total costs of police, public works, and park and recreation monthly service exceed the estimated amount of the 1997-98 ad valorem tax credit, the City shall pay to the County the monthly cost of those services as set forth in Section III. C of this Agreement no later than five business days after the end of each month. 12 {(p C. Fee Schedule for Services for the Transition Period. The City shall pay the County fees for Municipal Services during the Transition Period as provided be tow: Service Monthly Cost Monthly Credit* Monthly Bill POlice $290,000 $290,000 0 Planning, Building, Zoning County keeps fees imposed pursuant to AO 4-63A, as may be amended, except for COMP applications as set forth above. Code EnforcementlPDR County keeps fees and fines, plus $425 per case Code EnforcementlTeam Metro County keeps fees and fines, plus $425 per case Public Works $3,750 $3,750 0 Park and Recreation 0 0 0 Stormwater Management County keeps fees until transition takes place * Credits not to exceed value of ad valorem taxes for fiscal year 1997-98. D. Payment for Elections. The City will reimburse the County the estimated sum of $8,000, for the cost of the City of Sunny Isles Beach election held on July 29, 1997. The County will provide an invoice for this election to the City. The City agrees to reimburse the County within thirty (30) days after receipt of this invoice. E. City Actions Related to Revenue. Prior to the end of the transition period, the City will make every effort to adopt its own ordinances related to occupational license fees, cable franchise fees, stormwater management (if applicable) and impact fees. IV. ASSUMPTION OF SERVICES BY THE CITY/REQUIREMENTS FOR RENEWAL OF AGREEMENT A. Transfer Notice. In the event that the City wishes to commence providing any of the Municipal Services being provided by the County pursuant to this Agreement, the City shall provide written notice to the County of its intent to begin 13 I; providing such Municipal Service or Municipal Services (the "Transfer Notice"). The Transfer Notice shall specify the Municipal Service or Municipal Services the City wants the County to discontinue providing and the date upon which the City wants to begin providing those Municipal Services (the "Transfer Date"). The Transfer Notice shall be given not less than the time periods specified below prior to the Transfer Date. Pol ice 90 days Planning 30 days Public Works 30 days Stormwater Management* 30 days Parks and Recreation Services 30 days Code Enforcement 30 days Building and Zoning 30 days *Stormwater Management is subject to County Code Section 24-61.2. B. Transition Aoreements. Upon receipt of a Transfer Notice, the County shall, on the Transfer Date, cease providing the Municipal Service specified in the Transfer Notice. In the case of police services, the County shall make available for review and copying information concerning criminal activity in the City to the City Police Department upon reasonable notice. In the case of building and zoning, planning, public works and parks and recreation services, the County shall make available to the City upon request of the City at any time during this Agreement all pending files concerning matters reasonably relevant to the City and shall provide any information reasonably requested by the City to better perform the service. C. Payment and Revenue Issues Associated with Transfer of Services. In the event the City through a Transition Notice begins providing its own Municipal Service prior to the end of the Transition Period, no further payment will be required 14 18 from the City to the County after the Transfer Date other than the payment of any outstanding balances due on the Transfer Date, nor will the County be obligated to ' provide to the City any of the revenue referenced in III. A. and B. of this Agreement. D. Timetable for Transition from County to City Services. By February 28, 1998, the City will provide to the County a timetable for the orderly transition from County provision of Municipal Services in the City to those services being provided by the City. E. Renewal Procedures. The Board of County Commissioners must approve all written requests by the City to review this Agreement. Any written request must include an update of the timetable required in Section IV. D. of this Agreement and must be provided to the County 30 days prior to the end of the Transition Period. The County shall not revise its fee schedule as shown in Section III. C. of this Agreement prior to the end of the First Renewal Period. The Board of County Commissioners may renew this Agreement for an additional six months after expiration of the First Renewal Period upon a written request from the City (the "Second Renewal Period"). The written request must include an update of the timetable required in Section IV. D. of this Agreement and must be provided to the County 45 days prior to the end of the First Renewal Period. The County may revise its fee schedule as shown in Section III. C. of this Agreement; any changes in this schedule shall be provided to the City 60 days prior to the end of the First Renewal Period. The County Manager will prepare a resolution regarding this 15 I~ Agreement to be placed before the Board of County Commissioners for consideration at a public hearing prior to the end of the First Renewal Period. V. CAPITAL ASSETS The County and City will negotiate separate agreements, if any, which may be required to resolve any issues pertaining to the capital assets owned by the County and located in the City, except as provided below. (1) The jurisdiction ownership and control of all public roads within the corporate limits of the City (the "Public Roads") designated as part of the County Road System prior to the effective date of this Agreement are hereby transferred to the City Road System, except as shown in Section II. 4. F. This paragraph shall be sufficient to accomplish the transfer of Public Roads from the County Road System to the City Road System pursuant to Section 335.0415 (3), Florida Statutes, if any, and the County shall execute a deed of the Public Roads to the City, if necessary. The transfer of Public Roads hereunder shall be deemed to include the transfer of the County's regulatory and proprietary jurisdiction and the conveyance of all right, title and interest of County, subject to any easements reserved for public utilities owned and operated by County. VI. SERVICES EXCLUDED FROM THIS AGREEMENT This agreement does not apply to the following municipal services: *Library - Special Taxing District *Fire and Rescue - Special Taxing District *Water and Sewer Services - The City is currently included in the area served by the Water and Sewer Authority Department. Residents are billed directly for the service. 16 d-O * Solid Waste Collection - City residents are part of the Solid Waste Collection Services District and pay a special assessment for these services, which will be provided as planned in the adopted FY 1997-98 budget. VII. NOTICES All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, hand delivered or overnight delivery addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): The County: Armando Vidal, P.E. County Manager Metro-Dade County 111 N.W. First Street, Suite 2910 Miami, Florida 33128 A copy to: Robert A. Ginsburg County Attorney Metro-Dade County 111 N.W. First Street, Suite 2810 Miami, Florida 33128 City: James Di Pietro City Manager City of Sunny Isles Beach 17070 Collins Avenue, Suite 250- Sunny Isles Beach, FL 33160 'A copy to: Lynn Dannheisser City Attorney City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, FL 33160 17 d-.I Unless otherwise required by law, any notice sent hereunder shall (subject to proof of receipt or refusal of same) be deemed to have been delivered on the same day if hand-delivered, on the next business day if sent by overnight courier or on the day of receipt of refusal, if sent by the certified or registered mail. VIII. AMENDMENTS This Agreement may be modified only by an agreement in writing signed and sealed by the Mayor of the City and the Board of County Commissioners, Dade County, Florida. IX. INDEMNIFICATION The City shall indemnify and save harmless the County from any and all claims, liability, losses and causes of action which may arise out of actions of the City in fulfillment of this Agreement to the extent allowable by law. The City directly or through its insurance carrier shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits, in the name of the County when applicable, and shall pay all costs and judgments which may issue thereon. The County shall also indemnify and save harmless the City from any and all claims, liability, losses and causes of action which may arise out of actions of the County in fulfillment of this Agreement to the extent allowable by law. The County shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits, in the name of the City when applicable, and shall pay all costs and judgments which may issue thereon. 18 J-~ X. FRANCHISE FEE The parties acknowledge that there is a pending issue relating to which party is entitled to franchise fees from Florida Power and Light (FPL) which were generated within the City after June 16, 1997. The County acknowledges that by executing this Agreement, the City is not waiving any rights it may have to the franchise fees from FPL and agrees that this Agreement shall not be asserted as an estoppel, waiver or in any other manner entered into evidence in a law suit, claim or challenge to recover FPL franchise fees. XI. EFFECTIVE DATE The effective date of this Agreement shall be the later of the date on which this Agreement is approved by the Board of County Commissioners, Dade County, Florida. This Agreement shall expire on March 31, 1998 unless renewed as provided herein. Upon termination of this Agreement, the City will pay to the County any outstanding payments due the County under this Agreement and the County shall cease providing Municipal Services and performing any other provisions of this Agreement. XII. LAW This Agreement shall be construed in accordance with the laws oUhe State of Florida. The venue for any lawsuit arising out of this Agreement shall be Dade County, Florida. XIII. SEVERABILITY Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or 19 d-~ otherwise unenforceable under the laws of the State of Florida, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, then same shall be deemed severable, and in this Agreement, shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seal the day and year first above written. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Assistant County Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ I //" )"J, i ~ /' ,," " _Ay-M ~ ~~...../ . iUynn M. Dannheisser, C~y Att hey (j AGREElOO298 METROPOLITAN DADE COUNTY, a political subdivision of the State of Florida , ou~ty'~~na,9~r. ATTEST: "'.'- Harvey Ruvin, Clerk\. I~Gti"i' /! By:~~i As Deputy Clerk CITY OF SUNNY ISLES BEACH a political subdivision of the State of FI~ ~ David s~Yor ATTEST: rtI~~[.~ Richard E. Brown, city Clerk 20 d-Lt