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 Resolutions 98-52 and 98-49 are by the adoption of this Resolution hereby repealed.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
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• 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