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HomeMy WebLinkAboutReso 98-102RESOLUTION NO.98- 10�L - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A STORMWATER UTILITY INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE MIAMI-DADE COUNTY STORMWATER UTILITY; REPEALING RESOLUTIONS 98-52 AND 98-49; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 403.0893 Florida Statutes, authorizes the establishment of a stormwater utility to plan, construct, operate and maintain stormwater management systems; and WHEREAS, the Board of County Commissioners of Miami -Dade County did, by adoption of Miami -Dade County Ordinance 91-66 and 91-120 as amended by Ordinances Nos. 92-44 and 92- 86, create such a stormwater utility "Utility"; and WHEREAS, at this time, the City of Sunny Isles Beach does not wish to exercise its option to exempt itself from the provisions of the aforementioned ordinances until it implements its own stormwater utility and therefore wishes to repeal Resolution 98-49; and WHEREAS, it is the intent of the Utility and the City through the attached agreement to establish relationships and responsibilities for the operation, maintenance, repair and enhancement of stormwater systems located within the municipal boundaries and repeal prior agreements contained in Resolution 98-52; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, that: Section 1. The Interlocal Agreement between the City of Sunny Isles Beach and the Miami - Dade County Stormwater Utility for stormwater management attached hereto as Exhibit "A" be, and the same, is hereby approved. Section 2. The City Manager is authorized to do all things necessary to carry out the City's responsibilities under the terms of the Agreement. Stormwater Utility Res. - I - Section 3. Resolutions 98-52 and 98-49 are by the adoption of this Resolution hereby repealed. Section 4. This Resolution shall become effective immediately upon its adoption and upon the adoption of the Agreement by Miami -Dade County. PASSED AND ADOPTED this 17'h day of December, 1 David Samson, ATTEST: Richard Brown-Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: M. Dannheisser, City Attorney Moved by: C',�w MAnn�a,J Seconded Vote: "5--V Mayor Samson Yes) (No) Vice Mayor Turetsky (Yes) (No) Commissioner Iglesias Yes) (No) Commissioner Kauffinan VYes) (No) Commissioner Morrow ✓ (Yes) (No) Stormwater Udlity Res. —2— STORMWATER UTILITY INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH, FLORIDA AND THE MIAMI-DADS COUNTY STORMWATER UTILITY MIAINII-DADS COUNTY STORMWATER UTILITY (305) 372-6656 33 SOUTHWEST SECOND AVENUE, SUITE 200 MIA1VII, FLORIDA 33130 DKV:AARnk:kb:10/29M:&=ylsla-Msmtmwwc INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE MIAMI-DARE COUNTY STORMWATER UTILITY FOR STORMWATER MANAGEMENT THIS INTERLOCAL AGREEMENT, [hereinafter the "Agreement"] by and between the Miami -Dade County Stormwater Utility, a public body corporate and politic, through its governing body, the Board of County Commissioners of Miami -Dade County, Florida [hereinafter sometimes referred to as "UTILITY'], and the City of Sunny I4les Beach, F orida [hereinafter sometimes referred to as "CITY'], is entered into this /' day of , 1998. WITNESSETH WHEREAS, Section 403.0893, Florida Statutes, authorizes the establishment of stormwater utilities to plan, construct, operate, and maintain stormwater management systems, and WHEREAS, the Board of County Commissioners of Miami -Dade County, did, by adoption of Miami -Dade County Ordinance No. 91-66 and Ordinance No. 91-120, as amended by Ordinance Nos. 92-44 and 92-86, create a stormwater utility [hereinafter referred to as the "UTILITY'], and which UTILITY may operate within a municipality or municipalities; and WHEREAS, it is the intent of the UTILITY and the CITY, through this Agreement, to establish relationships and responsibilities for operation, maintenance, repair, and enhancement of stormwater systems located within the municipal boundaries of the CITY. Now, therefore, in consideration of the mutual promises and covenants contained herein and the mutual benefits to be derived from this Agreement, the parties hereto agree as follows: ARTICLE I PURPOSES The UTILITY and the CITY enter into this Agreement to further the following purposes: (1) To protect and promote the public health, safety, and welfare through the management of stormwater run-off; (2) To maintain and improve water quality and preserve and enhance the environmental quality of the receiving waters, DKV:AAR nk:kb:10/29/98:Sunnylsles-Maintenance 2 (3) To control flooding that results from rainfall events; (4) To deter the disruption of the habitat of aquatic plants and animals; (5) To promote intergovernmental cooperation in effectively and efficiently managing stormwater run-off, (6) To maintain, repair, and enhance stormwater systems located within the municipal boundaries of the CITY in accordance with Attachment B. This shall include flushing existing drainage pipes, vacuuming drainage structures, performing repairs (i.e.: catch basins, manholes, etc.), maintaining stormwater pump stations and their mechanical and electrical components, and equipment appurtenant thereto; and (7) To construct such stormwater improvements necessary to enhance stormwater management. ARTICLE II DEFINITIONS Agreement shall mean this document, including any written amendments hereto, the attachments, and other written documents which are expressly incorporated herein by reference. City Stormwater Services Budget shall mean is the CITY's approved budget under the City Storm Water Services Department's Storm Water Fund. Costs allocable to the City shall mean are those costs approved by the CITY in the yearly budget process, related to stormwater and encompassed in the scope of work set forth in Attachment B of this Agreement. Fiscal Year shall mean the period beginning on October 1 and ending on September 30. Force Majeure shall mean an act of God, epidemic, lightning, earthquake, fire, explosion, hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on the rights or obligations under this Agreement, and which, by the exercise of due diligence, such parties shall not have been able to avoid. Such acts or events DO NOT INCLUDE inclement weather (except as noted above) or the acts or omissions of subcontractors, third -party contractors, material men, suppliers, or their subcontractors, unless such acts or omissions are otherwise encompassed by the definition set forth above. DKV:AARnk:kb:10/29/98:Sum yhles-Maintenance 3 In -City Revenue shall mean revenues collected by the UTILITY for all developed property located within the municipal boundaries of the CITY. In -City Customer Accounts shall mean those accounts corresponding to developed property located within the municipal boundaries of the CITY. Major Stormwater System shall mean a stormwater management system identified on the maps indicated in Attachment A, including publicly -owned retention, detention, and exfiltration facilities. Minor Repairs and Maintenance shall mean street level maintenance that does not require heavy equipment or general UTILITY expertise. Project Manager shall mean the person designated by the CITY and by the UTILITY to serve as the representative of each for the purposes of exchanging communications provided or required under this Agreement. Written Notice shall mean written communication to and from the Project Managers. In addition to the above definitions, terms defined in Miami -Dade County Ordinance Nos. 91-66, 92-44, 92-86 and 91-120, codified in the Code of Miami -Dade County as Chapter 24, Article IV of the Miami -Dade County Environmental Protection Ordinance, as amended from time to time, shall have the meanings ascribed to them therein. ARTICLE III RESPONSIBILITIES OF THE CITY A. The CITY shall promptly investigate all stormwater flooding complaints and determine if the flooding can be resolved through minor repairs and maintenance to be performed by the CITY and are not otherwise specified in Article I (6) hereunder. Flooding events that cannot be resolved through minor maintenance, service or repairs, and those events requiring further engineering evaluations or those that are the UTILITY's responsibility as set forth in this Agreement shall be referred to the UTILITY. B. The CITY shall have technically qualified staff or contractor for maintaining and servicing catch basins, manholes, and stormwater lines with wet vacuum truck and hydraulic line flushing service equipment. Disposal of recovered product shall be in accordance with all applicable regulations. C. The CITY shall maintain a sequential log of all flooding complaints and routine inspections along with a corresponding report on any necessary action taken to resolve the problems noted.. DKV:AARnk:kb:l0/29/98:Sunnylala-Maintenance 4 D. The CITY shall maintain a schedule of street sweeping with a corresponding log showing actual miles swept each fiscal year. E. The CITY shall continue participation with Miami -Dade County and other municipalities in the analytical sampling program, in compliance with NPDES. F. Upon the UTILITY's request, the CITY shall share information with the UTILITY in matters of flood control, surface water quality, public works construction programs, land use and zoning classifications, and other activities relating to stormwater management systems. G. The CITY shall provide notice to the UTILITY, as provided herein, designating the project manager responsible for implementing the tasks and responsibilities set forth herein. The CITY shall promptly notify the UTILITY of any change in the project manager designation by written notice as specified in this Agreement. H. The CITY by entering into this Agreement acknowledges that it will be performing, as to its tasks hereunder, as an independent contractor and assumes all liability which may arise in the performance of this contract. See also Articles XVIII and XIX Independent Contractor and Indemnification. I. The CITY shall be responsible for procuring independently all necessary permits required by this Agreement. J. The CITY shall comply with all applicable regulations, ordinances and laws in effect in the performance of this Agreement. K. The approved CITY Stormwater Services Budget will define the annual administration, operation and maintenance costs allocable to the CITY, to be reimbursed by the UTILITY. The CITY shall provide to the UTILITY a CITY -approved budget with supporting schedules for the period from August 1, 1998 through September 30, 1998 and a CITY approved budget with supporting schedules for the period from October 1, 1998 through September 30, 1999. Projects within the municipal boundaries of the CITY such as roadway improvements or maintenance, the primary purpose of which is not for stormwater management, shall not be funded by Miami -Dade County Stormwater Utility funds. The pertinent CITY -approved Stormwater Services Budgets are included as Attachment B of this Agreement. L. With respect to monies received by the CITY from the UTILITY, the CITY shall obtain an independent financial audit of funds received from, and expenditures incurred, on behalf of the UTILITY, to determine compliance with the requirements of this Agreement, and shall provide a copy of this audit report to the UTILITY at a mutually agreed upon date after the completion of the audit, and no later than March 31, 2000. DKV:AAR:nk:kb:l0/29/98:Sunnylsles-Maintenance 5 M. The CITY shall maintain all records, including financial records, relating to this Agreement for a period of not less than five (5) years and shall make them available for inspection when requested by the UTILITY. ARTICLE IV UTILITY RESPONSIBILITIES A. The UTILITY has established and shall maintain a stormwater utility. As to its tasks hereunder, the UTILITY is responsible for administration, staffing and management of the UTILITY including the construction of the Golden Shores Drainage Improvement Project, Miami -Dade County Project Number 693228, and the design of flooding remediation projects located within the boundaries of NE 183 Street to the North, NE 174 Street to the South, NE Collins Avenue to the East, and NE North Bay Road to the West. B. The UTILITY shall develop and manage a Stormwater Management Master Plan in the unincorporated areas, a copy of which shall be provided to the CITY for their use in coordinating and developing the CITY's Stormwater Master Plan. The UTILITY shall prepare a map showing the locations of known flooding areas within the CITY. C. The UTILITY shall provide notice to the CITY as provided herein, naming the UTILITY Project Manager responsible for implementing the tasks and responsibilities set forth herein. The UTILITY shall promptly notify the CITY of any change in the Project Manager designation by written notice as specified in this Agreement. D. The UTILITY shall be responsible for operating, maintaining, and managing the stormwater fee billing system for the collection of in -CITY revenue. The UTILITY shall be responsible for answering all inquiries and administering citizen complaints to the UTILITY regarding the in -CITY customer accounts. E. In full payment for the services to be performed by the CITY as set forth in this Agreement, the UTILITY shall remit to the CITY an initial payment of $50,000 within 30 days from the effective day of this Agreement and will effect subsequent payments of $114,380 on a quarterly basis thereafter, for a total maximum amount allocated to the CITY of $164,380, corresponding to the costs identified in the CITY's Stormwater Services Budget, and Attachment B. The last quarterly payment will be disbursed to the CITY after the UTILITY receives the audit report from the CITY and the UTILITY verifies and reconciles the actual expenditures to the amounts disbursed. In no case shall payments to the CITY exceed the amounts collected by the UTILITY from in -CITY customer accounts. Adjustments, if any, will be made on any subsequent remittance due to the CITY. DKV:AARnk:kb:1 0/29/98:Sunnylsles.Maintenance 6 ARTICLE V TERM OF THE AGREEMENT A. The term of this Agreement shall continue until the CITY's exemption from the UTILITY is approved, or September 30, 1999, whichever occurs first. B. The parties hereby agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE VI COMPENSATION/CONSIDERATION It is the intent and understanding of the parties that this Agreement is solely for the CITY and the UTILITY. No person or entity other than the CITY or the UTILITY shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third -party beneficiary or otherwise. ARTICLE VII FORCE MAJEURE Neither party hereto shall be liable for its failure to carry out its obligations under the Agreement during any period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations, but the obligations of the party relying on such Force Majeure shall be suspended only during the continuance of any inability so caused and for no longer period of said unexpected or uncontrollable event, and such cause shall, so far as possible, be remedied with all reasonable dispatch. It is further agreed that the right of any party hereto to excuse its failure to perform by reason of Force Majeure shall be conditioned upon such party giving, to the other party, written notice of its assertion that a Force Majeure delay has commenced within ten (10) working days after such commencement, unless there exists good cause for failure to give such notice, in which event, failure to give such notice shall not prejudice any parry's right to justify any non-performance as caused by Force Majeure unless the failure to give timely notice causes material prejudice to the other party. ARTICLE IX DEFAULT CITY Event of Default Without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by Force Majeure, shall constitute a "CITY event of default". DKV:AAR:nk:kb:10/29/98:&=y1s1mMau tena= 7 If a CITY event of default should occur, the UTILITY shall have all of the following rights and remedies, which it may exercise singly or in combination: 1. The right to declare that this Agreement together with all rights granted to CITY thereunder are terminated, effective upon such date as is designated by the UTILITY; 2. Any and all rights provided under federal laws and the laws of the State of Florida. UTILITY Event of Default Without limitation, the failure by the UTILITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by Force Majeure, shall constitute a "UTILITY event of default". If a UTILITY event of default should occur, the CITY shall have all of the following rights and remedies, which it may exercise singly or in combination: 1. The right to declare that this Agreement together with all rights granted to UTILITY thereunder are terminated, effective upon such date as is designated by the CITY; 2. Any and all rights provided under federal laws and the laws of the State of Florida. ARTICLE X GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The UTILITY and the CITY agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Miami -Dade County, Florida. ARTICLE XI ENTIRETY OF AGREEMENT This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, DKV:AA1tnk:kb:10/29/98:Surmy1s1erMaintenance 8 and that this Agreement contains the entire agreement between the parties as to matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto or their authorized representatives. All obligations of the parties or provisions which require an action by the parties that may be effective after the expiration of the term of this Agreement shall survive this Agreement. ARTICLE XII HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. ARTICLE XIII RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. ARTICLE XIV REPRESENTATION OF CITY The CITY represents that this Agreement has been duly authorized, executed and delivered by the City of Sunny Isles Beach City Council, as the governing body of the CITY and it has the required power and authority to perform this Agreement. ARTICLE XV REPRESENTATION OF UTILITY The UTILITY represents that this Agreement has been duly authorized, executed and delivered by the Board of County Commissioners, as the governing body of the UTILITY, and it has the required power and authority to perform this Agreement. ARTICLE XVI WAIVER There shall be no waiver of any right related to this Agreement unless in writing and signed by the party waiving such right. No delay or failure to exercise a right under DKV:AAR:nk:kb:10/29/98:Swmylslea-Maintmance 9 this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time or of any other right under this Agreement. ARTICLE XVII INVALIDITY OF PROVISIONS, SEVERABILITY Wherever possible, each provision of the Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. ARTICLE XVIII INDEPENDENT CONTRACTOR The CITY shall perform its work and services described herein as an independent contractor and not as an officer, agent, servant, or employee of the UTILITY. The CITY shall have control of the work performed hereunder in accordance with the terms of this Agreement and of all persons performing the same, and the CITY shall be responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any. Nothing herein shall be construed as creating a partnership or joint venture between the UTILITY and the CITY. No person performing any of the work or services described hereunder shall be considered an officer, agent, servant or employee of the UTILITY, nor shall any such person be entitled to any benefits available or granted to employees of the UTILITY. ARTICLE XIX INDEMNIFICATION The CITY shall indemnify and hold harmless the UTILITY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the UTILITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the CITY or its employees, agents, servants, partners, principals, subconsultants or subcontractors. The CITY shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the UTILITY, where applicable, DKV:AAR:nk:kb:1Q/29/98:&=ylsles-Mamtenance 10 including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla. State., subject to the provisions of that statute whereby the CITY shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the CITY arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the CITY. The UTILITY shall indemnify and hold harmless the CITY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the UTILITY or its employees, agents, servants, partners, principals, subconsultants or subcontractors. The UTILITY shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla. State., subject to the provisions of that statute whereby the UTILITY shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the UTILITY arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the UTILITY. DKV:AAR:nk:kb:1W29198:3unnylska-Maintenance 1 I IN WITNESS HEREOF, the parties through their duly authorized representatives hereby execute this AGREEMENT with an effective date retroactive to August 1, 1998. Attest: CITY OF SUNNY ISLES BEACH, FLORIDA 17070 Collins Ave, Suite 250 Sunny Isles Beach, Florida 33160 g4614fAuthorized signature on behalf ' City Clerk D Te of the City of Sunny Isles Beach, Florida. By. O 1L. Title: Mayor Da id Samson Date • MIAMI-6�OUNTY, FLORIDA *Merrett R. Stiei'h County Manager For the Board of County Commissioners, Miami -Dade County, Florida, as Governing Body of the Miami -Dade County Stormwater Utility. Stephen P. Clark Center I I I NW 1 st. Street Miami, Florida 33128 HARVEY RUVIN, CLERK Attest: putt' Clerk Date v+�eaeeeoeoovee i ' oo- ' i l � a� • r i+ * g vs DKV:AARnk:kb:10/29/98:3unnylslw-Maintenance 12 ATTACHMENT A CITY OF SUNNY ISLES BEACH DRAINAGE ATLAS Original maintained by the City. DKV:MRnk:kb:l0/29/98:3wmytalaa-Mamt nnrm 13 ATTACHMENT B CITY OF SUNNY ISLES BEACH STORMWATER SERVICES BUDGET AUGUST & SEPTEMBER 1998 AND FISCAL YEAR 1998-99 DESCRIPTION AUG & SEPT 1998 FY 1998-1999 Salaries & Fringes 16,099 37,889 Temporary Personnel 0 800 Stormwater Compliance (NPDES) 15,000 15,000 Equipment Rental (Street Sweeper) 2,000 18,000 Utilities (Pump Station) 1,000 3,600 R&M Vehicles 125 430 R&M Equipment (Parts) 1,000 3,000 R&M Lines (Catch basins/lines) 2,000 6,000 Dept. Supplies (Safety & Software) 800 1,198 Gasoline & Oil 250 800 Tires 0 240 Minor Tools & Equip. 350 500 Contingency 3,026 15,928 Sub -Total 41,650 103,380 Capital - Vehicles 8,350 11,000 TOTAL 50,000 114,380 1. Figures are from City of Sunny Isles Beach Approved Budgets for FY 97-98 and FY 98-99. DKV:AARnk:kb:10/29/98:Sunnylaks-Mamtenmwa 14 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 May°` MEMORANDUM Irving Turetsky Vice Mayor Commissioners TO: City Commission Danny Iglesias Lila an FROM: Lynn M. Dannheisser, City Attorney e Nlor Morro�y Connie James DiPietro DATE: December 17, 1998 Cite Manaeer Lynn NI. Dannheisser RE: STORAIWATER UTILITY INTERLOCAL AGREEMENT Cry A«omey BETWEEN THE CITY OF SUNNY ISLES BEACH, FLORIDA AND MIADII-DADE County RECOMMENDATION: The City Manager and the City Attorney recommend approval of the attached agreement which establishes the relationship between the Miami -Dade Stormwater Utility ("Utility") and the City of Sunny Isles Beach for operation, maintenance, repair and enhancement of stormwater systems located within the City. REASONS The City of Sunny Isles Beach, pursuant to Section 403.0893, Florida Statutes, and Miami -Dade County Ordinances Nos. 91-66 and 91-120, as may be amended, has, at this time, decided not to opt out of the Miami -Dade County Stormwater Utility and implement its own. The primary reason for this is that Miami -Dade County has designed and shall soon implement certain drainage construction projects known as the Golden Shores Drainage Improvement project and flooding remediation projects located within the boundaries of NE 183 d Street to the north NE 174ih Street to the south NE Collins Avenue to the east and NE North Bay Road to the west. It seemed reasonable and prudent to allow the County to continue to act as our stormwater utility at least or until such projects are completed. In addition to the construction work, the County has agreed to make payments to the City from our stormwater utility fund for the maintenance of drains and other features of the City's stormwater system to keep same in good working and operating order. This Interlocal Agreement will also give the Manager time to create a stormwater master plan and establish a billing system and schedule, at which time, the City Manager may recommend opting out of the County City Commission December 17, 1998 Page Two stormwater utility to form and create our own. In the interim, the attached agreement sets forth the responsibilities of the County to the City in connection with its stormwater utility. Respectfully submitted, L Cxh Attachment(s) Exhibit "A" STORMWATER UTILITY INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH, FLORIDA AND THE MIAMI-DADE COUNTY STORMWATER UTILITY MIAMI-DADE COUNTY STORMWATER UTILITY (305) 372-6656 33 SOUTHWEST SECOND AVENUE, SUITE 200 MIAMI, FLORIDA 33130 or v:nwrt:�:te: �ozayse�r�m-m,�m�� MIAMI-DADE COUNTY, FLORIDA MI� DE MIAMI-DADE COUNTY STORMWATER UTILITY 33 S.W. 2ND AVENUE, SUITE 200 MIAMI, FLORIDA 33130-1540 (305) 372-66ae FAX (305) 372-6636 January 27, 1999 Mr. James DiPietro City Manager City of Sunny Isles Beach 17070 Collins Avenue, Suite 2250 Sunny Isles Beach, Florida 33160 Dear Mr. DiPrieto: RECEIVED JAN 2 7 1999 City of Sunny Isles Beach Please find enclosed a fully executed original and a copy of the Interlocal Agreement between the City of Sunny Isles Beach. Florida and Miami -Dade County Stormwater Utility, and two (2) copies of Resolution No. R-1412-98 authorizing the County Manager to execute an interlocal agreement between the City of Sunny Isles Beach and Miami - Dade County Stormwater Utility, retroactively effective to August 1, 1998. Also enclosed is a check in the amount of fifty thousand dollars ($50,000.00). Sincerely. Arturo A. Rodri ez. P.E.. Chief Stormwater Utility Section Enc: Interlocal Agreement Resolution R-1412-98 Miami -Dade County Check 900015116 Cc: Richard E. Brown-Morilla City Clerk AA .WIMM MIAMI-DADE COUNTY, FLORIDA MIAMI-DADE Mr. James DiPietro City Manager Citv of Sunny Isles Beach 17070 Collins Avenue, Suite 2250 Sunny Isles Beach. Florida 33160 Dear Mr. DiPrieto: « J- MIAMI-DADE COUNTY STORMWATER UTILITY 33 S.W. 2ND AVENUE, SUITE 200 MIAMI, FLORIDA 33130-1540 (305)372-6688 FAX (305)372-6636 Jarman, 27, 1999 Please find enclosed a fully executed original and a copy of the Interlocal Agreement between the Citv of Sunny Isles Beach. Florida and Miami -Dade County Stotmwater Utility, and two (2) copies of Resolution No. R-1412-98 authorizing the County Manager to execute an interlocal agreement between the City of Sunny Isles Beach and Miami - Dade County Stomixvater Utility, retroactively effective to August 1, 1998. Also enclosed is a check in the amount of fifty thousand dollars ($50,000.00). Sincerely. Arturo A. Rodri ez. P.E.. Chief Stormwater Utility Section Eric: Interlocal Agreement Resolution R-1412-98 Miami -Dade County Check 400015116 Cc: Richard E. Brown-Morilla Citv Clerk AGREEMENT STATE OF FLORIDA COUNTY OF 1\ksAWt-'!-)s4t)c V THIS AGREEMENT, made and entered into the J/0 day of M:f_ A.D. /99y between the FLORIDA LEAGUE OF CITIES, INC., a corporation not for profit of the State of Florida, with its principal office in the City of Tallahassee, Florida, hereinafter called the "League," and 5,.... -r-lkAs —R,� a municipal corporation of the State of Florida, heremaf r calte he "City:- WITNESSETH: That for the consideration hereinafter set forth, the League and City agree that: t. The League will make the necessary investigations and collect unpaid, escaped and delinquent privilege or occupational license taxes from corporations, firms or associations transacting any insurance business in the City. 2. The City shall not incur any expense or liability in connection with such investigation and collection except as hereinafter set forth. 3. Tite League, at its expense, will write all necessary letters and assume all other expenses Incurred in the collection of said license taxes. i 4. Only such corporations, firms or associations obligated to pay such license taxes under State Law or under any City Ordinance of the City shall be approached or investigated. . 5. The League shall retain 50% of the amount collected for effecting the collection of such delinquent and escaped privilege, or license, taxes and the balance of 50% of the gross amount recovered shall be forwarded to list! City petiudically by statrmenls to said City. The League shall receive no counnissinn or compensation for amounts collected in subsequent years on voluntary payments or payments received from billings by the City from companies from which the League has ellecled collection under this Agreement. 6. During the term of this Agreement the City shall notify the League of any payments or compromise settlements received by the City, of such escaped and delinquent license taxes due front insurance curpwaiiuns, firms or associations. If any license taxes collected under this Agreement are paid dincetly to the City, Ilse City shall remit to the League the commis sion du^_ it under this Agreement, or it sums tide are forwarded to the League in the name of the City, the League shall deduct its commission and remit to the City the sums due It under this Agreement. 7. This Agreement shall remain in full force and effect until terminated by either party upon giving at least ninety (90) days notice in writing to the other party, and all collections re- ceived during said ninety (90) day period shall be disbursed in accordance with the above provisions of this Agreement. IN WITNESS WHEREOF, the parties have hereunto caused their names to be signed and their seals to be affixed, this the day and year first above written. FLORIDA LEAGUE OF CITIES, INC., a cor- - potation not for profit of the State of Florida ✓ rp RY President tr ATT City of Sunny Isles Beach Secretary � / AVAunicipal Corporation the Stale of Florida BY James Di Pietro, City Manager ATTEST: 'VsA?lrsl Vtfn City Clerk