HomeMy WebLinkAboutReso 98- 57
RESOLUTION NO. 98- 5 'f
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, ADOPTING AN INTERLOCAL AGREEMENT
WITH MIAMI- DADE COUNTY FOR THE CONSTRUCTION
OF THE GOLDEN SHORES DRAINAGE IMPROVEMENT
PROJECT ATTACHED AS EXHIBIT "A"; AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID AGREEMENT
ON BEHALF OF THE CITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, prior to the City's incorporation, designs for the enhancement of the
stormwater management systems in the Golden Shores subdivision were underway as a result of
well-documented flooding problems; and
WHEREAS, the City, subsequent to incorporation, has negotiated for the construction of
the such a drainage system in accordance with those designs and under construction supervision by
the County pursuant to the terms and condition set forth in such an agreement;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
That the Interlocal Agreement with Miami-Dade County for construction of
the Golden Shores Drainage Improvement Project, attached as Exhibit "A"
be and the same is hereby adopted.
Section 1.
Section 2.
That the City Manager is hereby authorized to execute the Agreement, on
behalf of the City, with the County.
Section 3. This Resolution shall take effect immediately upo
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PASSED AND ADOPTED this 28ift;day of~ 1998.
ATTEST:
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Richard'13r-own-Morilla, City Clerk
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Vote:
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
Park Interlocal Res,
V(Yes)
V(Yes)
~(Yes)
- ~t:s)
-(Yes)
Moved by: \\ ~(.Sl. ~ \ VJ\..L.hJ~
Seconded by: ~\W\ ~
_(No)
_(No)
_(No)
_(No)- ~
_(No)
NOTE TO RECORD:
Please note that parts of
this exhibit (if not all)
has/have been inadvertently
lost.
At this time, we are unable
to recreate same.
Resolution No.
97-57
INTERLOCAL AGREEMENT BETWEEN MIAMI-
DADE COUNTY AND CITY OF SUNNY ISLES
BEACH, FLORIDA FOR THE CONSTRUCTION
AND MANAGEMENT OF THE GOLDEN SHORES
DRAINAGE IMPROVEMENT PROJECT
This INTERLOCAL AGREEMENT, [hereinafter the "AGREEMENT"], by and between "the
Parties," Miami-Dade County, a public body corporate and politic, through its governing
body, the Board of County Commissioners of Miami-Dade County, Florida [hereinafter
referred to as "COUNTY"], and the City of Sunny Isles Beach, [hereinafter referred to as
"CITY"], is entered into this day ,1998.
ARTICLE 1
ST A TEMENT OF WORK
1.1 The COUNTY shall, to the satisfaction of the CITY, fully and timely perform all work
items described in the Statement of Work, attached hereto as Exhibit "A", and made a
part of this AGREEMENT.
1.2 The CITY shall have the right to request additional project(s) for the planning, design,
construction and management by the COUNTY through separate Agreement(s). These
projects shall be constructed at the CITY's cost, and shall be reviewed and approved by
the CITY prior to design, bidding, construction and management activities.
1.3 As part of the services to be provided to the CITY under this AGREEMENT, the
COUNTY shall maintain a record of the methodology, scientific theories, data reference
materials, research notes, any work completed by assistants, models, concepts, analytical
theories, computer programs and conclusions utilized as the basis for the final work
product required by this AGREEMENT, and at the request of the CITY, make any
necessary presentations related to this Project.
ARTICLE 2
TERM OF THE AGREEMENT
2.1 The period of performance of this AGREEMENT shall commence on the date of
execution and continue for a period of thirty six (36) months, except as indicated in
ARTICLE 8.
2.2 The Parties agree that time is of the essence in the performance of each and every
obligation under this AGREEMENT.
ARTICLE 3
COMPENSA TION/CONSIDERA TION
3.1 As consideration for providing the work required by this AGREEMENT, the CITY shall
pay the COUNTY an amount equal to all the paid COUNTY's subconsu\tants design
invoices, project management and monitoring and including all associated administrative
fees not to exceed 5% of the total amount invoiced by the COUNTY through the life of
this AGREEMENT.
3.2 11 is the intent and understanding of the Parties that this AGREEMENT is solely for
the CITY and the COUNTY. No person or entity other than the CITY or the COUNTY
shall have any rights or privileges under this AGREEMENT in any capacity whatsoever,
either as third-Party beneficiary or otherwise.
ARTICLE 4
METHOD OF PAYMENT
The CITY agrees to pay the COUNTY for work rendered under this AGREEMENT based on
the payment schedule, which is incorporated herein and attached hereto as Exhibit "A".
Payment shall be made in accordance with procedures outlined below:
4.1 The COUNTY shall submit monthly invoices on a completion of construction, completion
percentage basis, pursuant to the schedule outlined in Exhibit "A".
4.2 The CITY shall pay the full amount of the invoices submitted by the COUNTY.
4.3 Payments made by the COUNTY on behalf of the CITY to cover the COUNTY's
subcontractor's invoices shall be accepted as having been paid for and approved for by the
CITY.
4.3 The COUNTY shall provide all necessary permits for this construction project with the
exception of those required by the CITY which the CITY will provide to the COUNTY at
no cost.
ARTICLE 5
PROJECT MANAGEMENTINOTICE
5.1 The Project Manager for the COUNTY is Carlos Espinosa, P.E., Assistant Director,
DERM, at 33 Southwest 2nd Avenue, Ph2 , Miami, Florida 33130, telephone (305) 372-
6796. The Project Manager for the CITY is James DiPietro, City Manager, City of Sunny
Isles Beach at 17070 Collins Avenue, Suite 250, Sunny Isles Beach, FL 33160, telephone
(305) 947-0606, The Parties shall direct all matters arising in connection with the
performance of this AGREEMENT, other than invoices and notices, to the attention of the
Project Managers for attempted resolution or action. The Project Managers shall be
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responsible for overall coordination and oversight relating to the performance of this
AGREEMENT.
5.2 All notices, demands, or other communication to the CITY under this AGREEMENT shall
be in writing and shall be deemed received if sent by certified mail, return receipt requested
to:
CITY OF SUNNY ISLES BEACH
CITY HALL
Attn: James DiPietro, City Manager
17070 Collins Avenue, Suite 250
Sunny Isles Beach, FL 33160
All notices to the COUNTY under this AGREEMENT shall be in writing and sent by certified
mail, return receipt requested, to:
MIAMI-DADE COUNTY
Department of Environmental Resources Management (DERM)
Attn: Carlos Espinosa, P,E., Assistant Director
33 S.W. 2nd Avenue, Ph2
Miami, Florida 33130
The COUNTY shall also provide a copy of all notices to the CITY's Project Manager. All
notices required by this AGREEMENT shall be considered delivered upon receipt. Should
either Party change its address, written notice of such new address shall promptly be sent to the
other Party.
All correspondence to the COUNTY under this AGREEMENT shall reference the Resolution
number of this AGREEMENT.
ARTICLE 6
INSURANCE
The COUNTY shall maintain, throughout the term of this AGREEMENT, insurance coverage
reflecting, at a minimum, the limits and coverage conditions for General Liability, Automobile
Liability and Worker's Compensation identified Exhibit "B," attached hereto and made a part of
here of. All coverage required shall extend to all employees and subcontractors of the
COUNTY. The COUNTY represents that it is a self-insured entity subject to the coverage and
limitations specified in Sections 284.31 and 768.28 of the Florida Statutes.
ARTICLE 7
TERMINA TION/REMEDIES
7.1 If either Party fails to fulfill its obligations under this AGREEMENT in a timely and proper
manner, the other Party shall have the right to terminate this AGREEMENT by giving
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written notice of any deficiency. The Party in default shall then have ten (10) calendar days
from receipt of notice to correct the deficiency. If the defaulting Party fails to correct the
deficiency within this time, this AGREEMENT shall terminate at the expiration of the ten
(10) day time period.
7.2 Either Party may terminate this AGREEMENT at any time for convenience upon thirty (30)
calendar days prior written notice to the other Party. The performance of work under this
AGREEMENT may be terminated by the CITY in accordance with this clause in whole, or
from time to time in part, whenever the CITY shall determine that such termination is in the
best interest of the CITY. Any such termination shall be effected by delivery to the
COUNTY of a Notice of Termination specifying the extent to which performance of work
under the AGREEMENT is terminated, and the date upon which such termination becomes
effective. In the event of termination, the CITY shall compensate the COUNTY for all
authorized and accepted work performed through the termination date and the balance of the
COUNTY's contractor's bid award. The CITY shall be relieved of any and all future
obligations hereunder, including but not limited to, lost profits and consequential damages
under this AGREEMENT.
7.3 If either Party initiates legal action, including appeals, to enforce this AGREEMENT, the
prevailing Party shall be entitled to recover a reasonable attorney's fee, based upon the fair
market value of the services provided.
7.4 In the event a dispute arises which the Project Managers cannot resolve between themselves,
the Parties shall have the option to submit to nonbinding mediation, The mediator or
mediators shall be impartial, shall be selected and agreed to by the Parties, and the cost of
the mediation shall be borne equally by the Parties. The mediation process shall be
confidential to the extent permitted by law,
ARTICLE 8
RECORDS RETENTION/OWNERSHIP
The COUNTY shall maintain records and the CITY shall have inspection and audit rights as
follows:
A. Maintenance of Records: The COUNTY shall maintain all financial and non-financial
records and reports directly or indirectly related to the negotiation or performance of this
AGREEMENT including supporting documentation for any service rates, expenses,
research or reports. Such records shall be maintained and made available for inspection for
a period of five years from completing performance and receiving final payment under this
AGREEMENT.
B. Examination of Records: The CITY or its designated agent shall have the right to examine
in accordance with generally accepted governmental auditing standards all records directly
or indirectly related to this AGREEMENT. Such examination may be made only within
five years from the date of final payment under this AGREEMENT.
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C Extended Availability of Records for Legal Disputes: In the event that the CITY should
become involved in a legal dispute with a third Party arising from performance under this
AGREEMENT, the COUNTY shall extend the period of maintenance for all records
relating to the AGREEMENT until the final disposition of the legal dispute and upon
reasonable notice, time and place relating to the AGREEMENT, and all such records shall
be made readily available to the CITY.
ARTICLE 9
STANDARDS OF COMPLIANCE
9.1 The COUNTY, its employee, subcontractors or assigns, shall comply with all applicable
federal, state, and local laws and regulations relating to the performance of this
AGREEMENT. The CITY undertakes no duties to ensure such compliance, but will
attempt to advise the COUNTY, upon request, as to any such laws of which it has present
knowledge.
9.2 The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event
it is necessary for either Party to initiate legal action regarding this AGREEMENT, venues
shall be the Eleventh Judicial Circuit for claims under state law and in the Southern District
of Florida for any claim which are justifiable in federal court.
9.3 The COUNTY shall allow public access to all project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY
assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of
establishing such exemption, by way of injunctive or other relief as provided by law, shall
be upon the COUNTY.
9.3 Pursuant to Section 216.347, F.S., the COUNTY is prohibited from the expenditure of any
funds under this AGREEMENT to lobby the Legislature, the judicial branch, or another
state agency.
9.5 The COUNTY shall obtain, at its sole expense, all necessary licenses, authorizations and
permits from the appropriate private Party of federal, state, municipal or local agency, and
other governmental approvals prior to commencing performance of this AGREEMENT.
The COUNTY shall take all measures necessary to effectuate these assurances.
9.6 The COUNTY hereby assures that no person shall be excluded on the grounds of race,
color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits
of, or be otheIWise subjected to discrimination in any activity under this AGREEMENT.
The COUNTY shall take all measures necessary to effectuate these assurances.
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ARTICLE 10
RELATIONSHIP BETWEEN THE PARTIES
10.1 The COUNTY is an independent contractor and is not an employee or agent of the CITY.
Nothing in this AGREEMENT shall be interpreted to establish any relationship other than
that of an independent contractor, between the CITY and the COUNTY, its employees,
agents, subcontractors, or assigns, during or after the performance of this AGREEMENT.
The COUNTY is free to provide similar services for others.
10.2 The COUNTY shall not assign, delegate, or otherwise transfer its rights and obligations as
set forth in this AGREEMENT without the prior written consent of the CITY. Any
attempted assignment in violation of this provision shall be void.
ARTICLE 11
GENERAL PROVISIONS
11.1 Notwithstanding any provisions of this AGREEMENT to the contrary, the Parties shall not
be held liable for any failure or delay in the performance of this AGREEMENT that arises
from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather,
outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God,
or for any other cause of the same character which is unavoidable through the exercise of
due care and beyond the control of the Parties. Failure to perform shall be excused during
the continuance of such circumstances, but this AGREEMENT shall otherwise remain in
effect. This provision shall not apply if the "Statement of Work" of this AGREEMENT
specifies that performance by COUNTY is specifically required during the occurrence of
any of the events herein mentioned.
11.2 In the event any provisions of this AGREEMENT shall conflict, or appear to conflict, the
AGREEMENT, including all exhibits, attachments and all documents specifically
incorporated by reference, shall be interpreted as a whole to resolve any inconsistency.
11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision
of this AGREEMENT by the Parties, their successors and assigns shall not be deemed a
waiver of any of its rights or remedies, nor shall it relieve the other Party from performing
any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No
waiver shall be effective unless in writing and signed by the Party against whom
enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT
specifically referred to therein and shall not be deemed a waiver of any other provision. No
waiver shall constitute a continuing waiver unless the writing states otherwise.
11.4 Should any term or provision of this AGREEMENT be held, to any extent, invalid or
unenenforceable as against any person, entity or circumstance during the term hereof, by
6
force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity
shall not affect any other term or provision of this AGREEMENT, to the extent that the
AGREEMENT shall remain operable, enforceable and in full force and effect to the extent
permitted by law.
11.5 This AGREEMENT may be amended only with the written approval of the Parties hereto.
11.6 Prior to engaging in any discussions with the news media pertaining to this AGREEMENT,
the CITY shall notify the COUNTY. This includes news releases, media requests for
interviews, feature articles, facts sheets, or promotional materials.
11.7 This AGREEMENT states the entire understanding and AGREEMENT between the Parties
and supersedes any and all written or oral representations, statements, negotiations, or
agreements previously existing between the Parties with respect to subject matter of this
AGREEMENT. The COUNTY recognizes that any representations, statements or
negotiations made by CITY staff do not suffice to legally bind the CITY in a contractual
relationship unless they have been reduced to writing and signed by an authorized CITY
representative. This AGREEMENT shall inure to the benefit of and shall be binding upon
the Parties, their respective assigns, and successors in interest.
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IN WITNESS THEREOF, the Parties through their duly authorized representatives hereby
execute this AGREEMENT with an effective date of , 1998.
Attest:
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CITY OF SUNNY ISLES BEACH, FLORIDA
17070 Collins Ave, Suite 250
Sunny Isles Beach, Florida 33160
Authorized signature on behalf
of the City of Sunny Isles Beach,
Florida.
By:
J es DiPietro, City Manager
City of Sunny Isles Beach
MIAMI-DADE COUNTY, FLORIDA
BY:
M, R. Stierheim
County Manager
F or the Board of County
Commissioners, Miami-Dade
County, Florida, as Governing
Body of the Stormwater Utility.
Stephen P. Clark Center
III N.W. 1st. Street
Miami, Florida 33128
HARVEY RUVIN, CLERK
Attest:
By:
Deputy Clerk
Dated
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EXHIBIT" A"
STATEMENT OF WORK
FOR
CITY OF SUNNY ISLES BEACH
GOLDEN SHORES DRAINAGE IMPROVEMENT PROJECT
INTRODUCTION
The City of Sunny Isles Beach was substantially developed prior to the establishment of
the water quality management controls now employed by the South Florida Water
Management District (SFWMD) and Miami-Dade County Department of Environmental
Resources Management (DERM). The affected area is within a low-lying area where
finish floor elevations and crown of the roads are below the FEMA flood maps and the
Miami-Dade County flood criteria maps, respectively. The area of Golden Shores
experiences severe flooding problems rendering it difficult for emergency vehicles and
residents to navigate their vehicles. An evaluation is on-going to determine other
potential drainage improvements needed, Once the project(s) have been identified, they
may be considered through separate agreements.
OBJECTIVE
The purpose of this project is to address specific drainage problems and related flooding
concerns in the low-lying areas within the project boundaries. The proposed system will
be connected to the existing pump station to provide a greater degree of safety and flood
protection.
SCOPE OF WORK
The Miami-Dade County (County) will oversee the construction activities which will be
directly supervised by the Public Works Department. The drainage system will cover the
area bounded by 191st Terrace to the North, Atlantic Boulevard to the East, 186th Street
to the South and North Bay Road to the West. The project consists of stormwater
infrastructure as specified in our construction plans.
WORK BREAK DOWN STRUCTURE
Task 1. County shall bid the project with the assistance of the Public Works
Department, Contract and Specification Section. Advertise the project
through competitive bidding. Review bids, and award construction contract
to the lowest responsible bidder.
Task 2.
The County shall monitor construction of the project and submit monthly
report and construction invoices paid to the contractor plus administrative
fees paid by the County to administer the project
DELIVERABLES AND PAYMENT SCHEDULE
Task Deliverable Due Date Payment
I Bid document July 1,1998
2 Construction progress reports and Monthly from As per Article 4
inVOices. commencement of Method of Payment
construction
Construction of this project will commence within three (3) months of awarding the bid
to the successful bidder and construction will be completed within twelve (12) months of
awarding the bid.
PROJECT COSTS
The total cost of construction for this project is estimated at $711,000. However, when
the project is bid, total construction cost may vary by up to 35%. Final construction cost
may be higher than bid award if field conditions require modification to the construction
plans due to conflicts encountered during construction or damages resulting from related
activities of this construction work.
The County will invoice the City of Sunny Isles Beach for all expenses being paid by the
County to its contractor and paid for project administration as specified in the Interlocal
Agreement of which Exhibit "A" has been made a part of
CONTINGENCY
In the event of a major storm event or other unforeseen natural disaster, the project
contract may be amended to provide a time extension as per Article 11, GENERAL
PROVISIONS.
9Q r-7
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 To: City Commission
Mayor
trying Tumtsky.
From:
City Manager
Vice Mayor
Date:
June 11, 1998
Commissioners
Danny Iglesias
Lila Kauffman
Subject:
INTERLOCAL AGREEMENT WITH MIAMI -DADE COUNTY
Connie Morrow
FOR CONSTRUCTION OF THE GOLDEN SHORES
James DiPietrn
DRAINAGE UAPROVEMENT PROJECT
City Manager
Lynn M. Dannheisser
City Attomey
RECOMMENDATIONS
It is recommended that the City Commission adopt, by resolution, the attached
agreement with Miami -Dade County that will initiate construction of the Golden
Shores Drainage Improvement Project.
REASONS
Prior to the City's incorporation, designs were being made to enhance storm water
management systems in the Golden Shores subdivision, in response to well
documented flooding problems. This agreement provides a mechanism for the City
to hire Dade County's Department of Environmental Resources Management to
continue constructing the drainage system and monitor the constructors compliance
with bid specifications.
ADDITIONAL INFORMATION
The estimated cost of the project to the City is $711,000 + or -. It will be paid for by
a combination of storm water fees (no rate increase) and gas tax monies (an additional
City Commission vote will be necessary). County bid award is anticipated in August,
with construction occurring from October 1998 through March 1999.
Respectfully s itted,
James DiPietro
City Manager
JD:pw
METROPOLITAN DADE COUNTY, FLORIDA
METRO=DADE PE
ENVIRONMENTAL RESOURCES MANAGEMENT
May 6, 1998 WATER MANAGEMENT DIVISION
SUITE 500
33 S.W. 2nd AVENUE
MIAMI, FLORIDA 3313&1540
(305) 372-6529
Lynn M. Dannheisser, Esq.
City Attorney
City of Sunny Isles Beach
17070 Collins Ave., Suite 250
Sunny Isles Beach, FL 33160
Re: Interlocal Agreement for the Construction and Management of the Golden Shores Drainage
Improvement Project and Interlocal Agreement for the Design of Drainage Improvement
Projects for the City of Sunny Isles Beach
Dear Ms. Dannheisser:
Please find enclosed two sets of two Interlocal Agreements as per our must recent discussions. One of
the Interlocal Agreements will address the construction and management of the Golden Shores
Drainage Improvement Project, specifically. The other Interlocal Agreement will address the request
for the design of additional drainage improvement projects. This latter Interlocal Agreement includes
language where the CITY in the future could through another Interlocal Agreement have the
COUNTY perform the construction and management of the developed design for the additional
drainage improvement projects.
The County is ready to send the design package for the Golden Shores Drainage Improvement Project
to the Board of County Commissioners (BCC) for approval to advertise for bids.
It is important that your review of the document for the Golden Shores Drainage Improvement Project
proceed as soon as possible such that the request for advertisement can proceed without delays. The
BCC meetings in July are on the r and 21" . However, to place an item on those dates, we need to
have your executed Agreement before May 15's or June 1 #, respectively.
Should you have any questions, feel free to call me at 372 -6529.
SirAerely,
PofioaNK. Valdes, P.E., Chief
Water Management Division
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Enclosures
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