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HomeMy WebLinkAboutReso 98- 48 RESOLUTION NO. 98- '-fg AN RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING AN EXTENSION OF THE INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY; 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 Miami-Dade County (the "County"); and WHEREAS, on June 16, 1997, the citizens ofthe 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 entered into an Interlocal Agreement (the "Agreement") whereby the City and the County outlined a procedure for the provision and subsequent transition of municipal services for the citizens of Sunny Isles Beach on November 4, 1997, approved by Resolution 97-17 of the City of Sunny Isles Beach and Resolution 1313-97 of the Board of County Commissioners of Miami-Dade County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. The Interlocal Agreement dated November 4, 1997, attached as Exhibit "A", be and the same be hereby extended until September 30, 1998. Section 2, The City Manager 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 an extension of the Agreement, on behalf of the City, if required by the County, PASSED AND ADOPTED this 28th day of May, 1998. This Resolution shall be effective immediately upon adoption. Section 4. ,~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~J Lynn M, Dannheisser, City Attorney Vote: Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow Interlocal Ex!. Res v (Yes) t/(Yes) l./" (Yes) r;(Yes) _(Yes) Moved by: ~ T v.A~;hl"'1- Seconded by: '", j~a _(No) _(No) _(No) _(No) _(No) EXHIBIT "A" II. " 4 ) ~"/!>)~7 INTERLOCAL AGReeMENT This is an Interlocal Agreement between Metropolitan Dade County. a political 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 .iL. day of ~ 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 swom 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 ''Munic::ipal 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 from June 16. 1997, through September 30, 1997 (the "Interim PeriodU) and from October 1, 1997 through March 31, 1998 (the '''ransition 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. lt1UNIClPAL SERVICES FOR INTE~M 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 stom1Water 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 theM services are described below: 1, A. Police Services. Through the MetrcHlade Police Department C'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. MOPD 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 B. Off Du~y Police. The County agrees to provide off duty police services to the City during the tenn of the Agreement, if requested by the City, on the terms and conditions established by the MetrcrOade 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 SO.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. flannina. Buils;lina and Zoning 5.etvices, 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 ("COM?"), should the need arise, as outlined below: A Processina. The County will receive and process pennit 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 performance of all required inspections and the issuance of applicable Certificates of Completion and/or Certificates of Use and Occupancy. B. ADDlications. 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 bv (be 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 th~ 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 aiteria as well as any applicable public hearing approved plans and covenants. Once that material is transmitted to the City, the City wUl, 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 distrid and that the County's statement as to zoning COIJlpliance 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 partic:ular Development Adivity, 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. Of landscaping) shall be reviewed and approved by the City Manager or his designee. F. Certificate of Use & Occuoaney. 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 by the City in aocordance 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 10 days after the end of each month a monthly activity report of all permitting services provided during the preceding 3O-day period, in a format approved by the City. H. Public Heariog ADolications. (1) Pendino Aoolications. 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) Mew Zonina AQ9lications. 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 fumished to the City Manager or his designee within three days of County detennination that such application is bona fide and ~plete. Iii) Processin9 of Pendina and New ADDlieations. 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 ~sing of Zoning Applications by the County shall include a complete analysis, inctuding si!e data. historical background, and comprehensive plan consistency t and shall include the recOmmendations of the CountYs staft 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 b) Substantial Compliance Determinations and Administrative ~te Plan ADorovals, 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) Plattina. During the leon 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 26-1 (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 approval. (4) Comorehensive Oeveloomenl Master Plan CCDMPl A. Prior to the City's adoption of a final City Comprehensive Development Master Plan in accordance with section 1_63.3167(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 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 f. 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 wtll provide the following code enforcement services perfonned in accordance with current practice in UMSA and at the service levels provided in the adopted FY 1997-98 County budget: A pJannina, Develooment and Reoulatiro Code enforcement through this department covers commercial zoning enforcement, residential minimum housing. unsafe structures, wor1dng without pennits 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 Wori(s Services. Through the County Department of Public W~s, other appropriate County departments or contractors, the County ~II 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 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 loadlhaul debris $44.00 per ton disposal of debris $45.00 per ton D. Landscape maintenance and mowing of right of ways and medians on local streets in the City by' the County w;U continue at the ~me level of service 8S was provided in the Interim Period. The CountYs permits from the Florida Department of Transportation (FOOT) for tree planting and associated maintenance on state roads within the City are transferred to the City. Any documentation required to evidence such transfer shall be provided upon execution of this Agreement. E- The City assumes responsibility for local roadway and other related capital improvements and the County agrees to include the City in the 9 distribution fonnula for Capital Improvements Local Option Gas Tax and the Local Option Gas Tax which is sent to the Department of Revenue of the State of Florida: as allowed by law. F. The County has determined that no roads within the City will remain County roads. All roads not within the State Road System will be maintained by the City. This Agreement shall be sufficient to accomplish the transfer of Public Roads from the County road system to the City road system pursuant to Section 335.0415 (3) F.S., and shall be deemed to include the transfer of the County's regulatory and proprietary jurisdiction, and the conveyance of all right, title and interest of the County, subject to ~ny easements reserved for public utilities owned and operated by the County. G. Countywide funds will continue to be used for street signs, traffic signals, and other countywide responsibilities. 5. Parks and Recreation Services, Not Applicable III. FINANCIAL ISsug A. Reveoues Qurina the Interim Period. The partie$ acknowJedge that residents, property owners and businesses of the City were responsible for paying the County 1997 ad valorem taxes, and fees for stonn 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 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 ~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 w;thin 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 adual utility tax collections or best estimates of such collections from accounts within the City for the period June 16, 1997. through September 30, 1997, (2) an accounting of the sums actually received by the City, and (3) a statement of the advances paid by the County to the City. Upon receipt of these statements and a<:counting 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 acoounting described herein. subject to the County's audil If the County deems it 11 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 FV 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 Dudna the Transition eeriod. The parties acknowtedge 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 aedited 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 creditj the City shall pay to the County the monthly cost of those services as set forth in Section III. C of this Agr~ment no later than five business days after the end of each month_ 12 C. Fee ScjJedule for Services for the Tran~ition Period. The City shall pay the County fees for Municipal S&Nices during the Transition Period as provided below: Servtce Monthly Cost Monthly Credit- Monthly Bill POlice $290,000 5290.000 0 Planning, Building. Zoning County keeps fees Imposed pursuant to AO 4-63A. as may be amended, except for COMP applioatlons as set forth above. COde EnforcementJPOR COunty keeps fees and fines, piUS $425 per case Code EnforcemenVTeam Metro County keeps fees and fines, plus 1425 per case PublIC WorkS. $3.750 $3.750 0 Park and Recreation 0 0 0 stormwater Management County keeps fees until transition takes place · Credits not to exceed value of ad valorem taxes for fiscal year 1997.98. D. P8ytTlenLfor Elections. The City will reimburse the County the estimated sum of sa,ooo, for the cost of the City of Sunny Isles Beach election held on July 29. 1997. The County will provide an invoice for this election to the City. The City agrees to reimbul'$G the County within thirty (30) days after receipt of this invoice. E. City Actions Related to Rev.enue. 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. ASSUM~TlON OF SERVICES BY THE CllYlREQUIREMENTS 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 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 SelVices (the "Transfer Daten). The Transfer Notice shall be given not less than the time periods specified below prior to the Transfer Date. Police 90 days Planning 30 days Public Wor1<s 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 Agreements. 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 infonnation 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 pari<s 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 concer:ning matters reasonably relevant to the City and shall provide any infonnation reasonably requested by the City to better perform the selVice, C. PaYment and Revenue Issues Associated with Transfer of Services. In the event the City through a Transition Notice begin5 providing its own Municipal Service prior to the end of the Transition P~riod, no further payment will be required 14 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 r~uests by Qle City to review this Agreement Any written request must include an update of the timetable required in Section IV. D. of this Agreement end 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 COn1missioners 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 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, CAPrrALASSETS 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 jurisdidion 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 riot 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 · 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. NOnCES 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: Annando Vidal, P.E, County Manager MetrcH)ade 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 Oi Pietro City Manager City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, FL 33160 A copy to: Lynn Oannheisser City Attorney_ City of Sunny Isles Beach 17070 Collins Avenue. Suite 250 Sunny Isles Beach, FL 33160 17 Unless otherwise required by law, any notice sent hereunder shall (subject to proof of receipt Of' 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. AMEND~ENTS 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, Dada County, Florida. IX. INDEMNIFICATION The City shall indemnify and save hannless 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 i~urance camer 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 hannless the City frofll 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 therew;th and shall defend all suits, in the name of the City when applicable, and shall pay all costs and judgments which may issue thereon. , 16 x. ~ 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 Agreemenl shall expire on March 31, 1998 unless renewed as provided herein. Upon lennination 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 of the State of Florids. The venue for any lawsuit arising out of this Agreement shall be Dade County, Florida. XIII. SEVERABILIl'Y Should any provision, paragraph, sentence, word or phrase contained in this Agreement be detennined by a court of competent jurisdiction to be invalid, illegal or 19 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 Attorpey APPROVED AS TO FORM AND LEGAL SUFFICIENCY: AGFlEEJ00298 METROPOLITAN DADE COUNlY, a political subdivision of e State Of Florida ATTEST: By: CITY OF SUNNY ISLES BEACH a political subdivision C)f the State of F~A ~_ Davidsa~ ATTEST: rJZcA..~ E .~ Richard E. Brown, City Clerk 20 To: City Commission From: Lynn Dannheisser, City Attorney Date: May 28, 1998 Subject: RESOLUTION ON AUTHORIZING EXTENSION OF INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY T7TiTiJUVISH-1WONKi]kki It is recommended that the City Commission adopt this Resolution authorizing the extension of the Interlocal Agreement with Metropolitan Dade County. REASONS Attached please find correspondence by and between the City and the County relating to an extension or renewal for the second renewal period of the Interlocal Agreement. The County has requested the City Commission authorize by Resolution an extension of this Interlocal pursuant to the terms of the original agreement attached as Exhibit "A" to the Resolution. This will enable the County to continue providing services until the agreed upon transition for all services which will occur on August 1, 1998. (As you may recall, Code Enforcement, Planning Building and Zoning was transferred as of March 2, 1998.) Respectfully submitted, 94--V-� LMD:ch Attachment(s) 0 JaNY IstF 4 6m J v 2 P ryF C Su .p City of Sunny Isles Beach 17070 Collins Avenue. Suite 250 Sunny Isles Beach. Florida 33160 (305) 947 -0606 phone (305)949 -3113 fax David Samson Mayor March 19, 1998 Irving Turelsky Vice hlavor Commissioners Mr. Merrett Stierheim VIA FAX #375 -1262 Danny Iglesias Lila Kauffman County Manager Connie Morrow Miami -Dade County James DiPietro 1 1 1 N.W. First Ave., #2910 City Manager Miami, FL 33128 Lynn NI. Dannheisser City Attorney Dear Mr. Stierheim: In accordance with Interlocal Agreement by and between the City of Sunny Isles Beach and Dade County, approved by the Board of County Commissioners at its meeting of November 4, 1997 by Resolution 1313 -97, please consider this letter the City's formal request for a renewal of the agreement for the Second Renewal Period. Additionally, in conformity with the Interlocal Agreement, the City provides the following information: III. Financial Issues. A. Revenues during Interim Period: 1. Utility Tax Revenues. . The City has received $1,247,500.00 from Miami Dade County against the municipal utility taxes. Jack Neustadt, the City's Finance Director, is working with the County's Office of Management and Budget to determine the amount of the final payment from the County for utility taxes remitted to the County for the period between June 16, 1997 until such time as all vendors have completed their transition to direct payment to the City. 2. Cable TV Franchise Fees. Hugo Salazar of Office of Management and Budget has advised the City that it should shortly receive a check for the City's share of cable franchise fees collected by the County for the period between June 16, 1997 and the date of this letter. We understand from William Reilly, Director of Financial Information of CableVision, that the City is entitled to a payment of $36,695. To date, however, we have received Mr. Merrett Stierheim March 19, 1998 Page 2 none of these fees and would appreciate your assistance in securing remuneration of this amount. 3. Occupational License Fees. Jack Neustadt has met with Alex Rey Panama and Xiomara Vuelta of Occupational Licenses and Faye Goings, the Assistant Tax Collector for the County, all of whom have confirmed there are approximately 5104,000.00 in Occupational License fees collected for FYI 997 through 1998. It is agreed that 40% of those fees is due and owing to the City. Mr. Panama may need some direction from your office regarding payment of these fees inasmuch as the transition agreement is not specific on this point. It should be noted, however, that our immediate predecessor city, the Village of Pinecrest did receive its portion of Occupational License fees billed and collected by the County and we believe the City of Sunny Isles Beach is also entitled to its 40% share. 4. Solid Waste Franchise. The City believes it is owed the 12 1/2% of the franchise fees collected by the County from commercial haulers from the date of incorporation to the present. Please advise as to this amount. B. Revenues During Transition Period. The County has estimated ad valorem taxation collections to be approximately $3.2 million dollars for FY97 -98. E. Action Related to Revenues: The City will adopt an occupational license ordinance. 2. At this time, the City sees no economic benefit in adopting its own cable franchise ordinance and will continue under the iVliami Dade County Code. 3. The City shall opt out of the DERMI Utility StormWater District and is in the process of developing an Interlocal Agreement with Miami Dade Water and Sewer Department and DER-M for the billing and collection of the City's storm water utility fee. In addition, the City will be adopting the Interlocal Agreement to be a participant in the Mr. Merrett Stierheim March 19, 1998 Page 3 NPDES permit monitoring program with the County. W. Assumption of Services by the City. B. Transfer Notice. Please consider this letter as our transfer notice pursuant to the Interlocal Agreement. The City Manager advises that the City intends to commence provision of municipal services and terminate County services in the following areas by dates indicated below: SERVICE Police Planning, Code Enforcement & Building & Zoning Public Works Stormwater Management Parks & Recreation E. Renewal Procedures. TERiIMINATION/TRANSFER DATE August 1, 1998 March 2, 1998 August 1, 1998 August 1, 1998 August 1, 1998 The City hereby requests renewal of this Agreement for the six month period commencing April 1, 1998 and terminating September 30, 1998. Thank you for your prompt and continuing cooperation in the development of the new City of Sunny Isles Beach. Yours truly, Ly n M. Dannheisser City Attorney LMD:ch cc: George Burgess, Director Office of Management and Budget, via fax #375 -5168 Mr. Merrett Stierheim March 19, 1998 Page 4 Robert A. Ginsburg, County Attorney James DiPietro, City Manager David Samson, Mayor